IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 683 of 2008() ---------------------------- CRIME NO.1/2008 OF THIRUPURAM EXCISE RANGE : PETITIONER/ACCUSED --------------------------- SAROJAM, AGED 66 YEARS W/O.KATE SUBBAYYAN THALAYAL DESOM, ATHIYANNOOR VILLAGE NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING EXCISE INSPECTOR THIRUPURAM RANGE. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.683 of 2008 ---------------------------------------- Dated this the 6th day of February 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations of having committed offences punishable under the Kerala Abkari Act. She was allegedly found to be in possession of 5 litres of arrack on 1/1/2008. She could not be arrested as the detecting excise party did not consist of any woman official. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays that anticipatory bail may be granted to the petitioner. She is old and sick. She was even admittedly available at the scene for the detecting officers to question her. She does not deserve to endure the trauma of arrest and detention. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances whatsoever justifying or warranting the invocation of the extraordinary equitable discretion under B.A.No.683/08 2 Section 438 Cr.P.C. The petitioner may be directed to surrender before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or 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 appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr B.A.No.683/08 3 B.A.No.683/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007