IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2155 of 2008() ----------------------------- CRIME NO.171/07 OF ARYANAD EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- NALINI, AGED 50 YEARS, RESIDING AT SARITHA BHAVAN, KOKKOTTELA, KARYODE, KOTTAKKAKOM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2155 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 2.5 litres of arrack on 19.12.2007. She has not been arrested. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She may not be subjected to the unnecessary trauma of arrest and detention. Anticipatory bail may be granted to her, it is prayed. 3. The learned Prosecutor opposes the application. Earlier in one case the petitioner was granted anticipatory bail by this Court. This offence is committed by her subsequent to her release on anticipatory bail in that case. In any view of the matter, the petitioner may be directed to surrender before the B.A.No. 2155 of 2008 2 Investigating Officer or the learned Magistrate and then seek regular bail in the usual course, submits the learned Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. This, I agree with the Prosecutor, is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm