IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 6887 of 2009() ----------------------------- Cr.NO.46/2009 OF KUNNAMANGALAM EXCISE RANGE PETITIONER: ACCUSED --------------------------- SAROJINI, W/O. VELAYUDHAN, 46, OZHALOOR METHAL, MUKKOM, KOZHIKODE BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT -------------------------- 1. THE EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6887 of 2009 --------------------------------------------- Dated this the 4th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Cr.No.46 of 2009 of Kunnamangalam Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 7.10.2009, the petitioner was found in possession of 4 litres of arrack. The petitioner was not arrested as no woman police constable was available. 4. It is stated that the petitioner is aged 46 years and that she is suffering from low back pain. That is not a ground for granting anticipatory bail. The offence alleged against the petitioner is serious in nature. I do not find any ground to exercise the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl