IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 23 of 2009() --------------------------- C.R.129/08 OF KOTTARAKKARA EXCISE RANGE PETITIONER/ACCUSED-A1 ----------------------------------------- NALINI, AGED 58 YEARS, W/O.BALAKRISHNAN, NANDINI BHAVANAM, NIRAPPUVILA MURI, VETTIKKAVALA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 23 of 2009 ----------------------------------------- Dated this the 21st January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(g) of the Abkari Act. According to prosecution, petitioner's house was searched by the Excise officials and 420 litres of wash were seized from the house. Petitioner and her son were present in the house. Petitioner is first accused and her son is second accused. Second accused ran away on seeing the Excise officials. A crime was registered against accused, but petitioner could not be arrested, since woman police constable was not available. 3. Learned counsel for petitioner submitted that petitioner's son is involved in other abkari cases and he is not in good relationship with his wife. Second accused's father-in- law is a retired Excise official and hence, at his instance, a case is sought to be registered against petitioner also, who is a woman, with a view to harass. Hence, anticipatory bail may be granted, it is submitted. BA.23/09 2 4. This petition is opposed. Learned Public Prosecutor submitted that the house belongs to petitioner and the contraband article was seized from her house. It is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the serious nature of allegations made, I do not find any special ground to grant anticipatory bail. (1) Petitioner is directed to surrender before the Magistrate Court concerned or before the investigating officer and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner will be entertained by this Court in this case. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.