IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 578 of 2008() ---------------------------- CR NO.229/07 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- PODIYAMMA, D/O NANI, PALAMMOOTTIL VEEDU,KOTTAPPURAM MURI, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 578 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to keep in her possession 70 litres of wash on 10.12.2007. As the detecting Excise Party did not consist of any woman police officials, she was not arrested. Investigation is in progress. The petitioner apprehends imminent arrest. The petitioner has two other earlier cases also under the Abkari Act, submits the learned Prosecutor. 2. The learned counsel for the petitioner submits that the petitioner is innocent. In any view of the matter, the petitioner, who is old and a woman, may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that the petitioner may be directed to appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No. 578 of 2008 2 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am unable to find any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This I am satisfied 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 ordinary 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) tm Judge B.A.No. 578 of 2008 3