IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Bail Appl..No. 7021 of 2008() ----------------------------- CRIME NO.211/08 OF VITHURA POLICE STATION PETITIONER/ACCUSED -------------------------------------- CHANDRIKA, AGED 40 YEARS, D/O BHANUMATHY ENATTIMOOLA KARIKKAKOM, KIZHAKKUMKARA VEEDU, LIANCHIYAM.P.O, KOTTAKKAKAM MURI, VITHURA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7021 of 2008 ----------------------------------------- Dated this the 21st November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 8(2) and 55(b) and 55(f) of the Abkari Act. According to prosecution, petitioner was found engaged in manufacturing liquor in her house. On seeing the police, she ran away abandoning the articles. 3 litres of arrack, 35 litres of wash and utensils used for manufacturing liquor were seized from the spot. The incident occurred on 30.8.2008. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. No article was seized from her house. The neighbours, who are motivated against her have given false information and petitioner is falsely implicated in the offence. Her daughter's marriage had to take place on 26.10.2008 and it is only to block the marriage, these allegations are made, . 4. This petition is opposed. Learned Public Prosecutor submitted that this is a clear case where the contraband articles were seized from the house of petitioner. She was also present there and all the details are shown in the mahazar prepared at the place of occurrence. The records of the prosecution shown the BA.7021/08 2 name and address of petitioner correctly. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of allegations made, I am satisfied of the submissions made by learned Public Prosecutor. I am satisfied that it is not a fit case to grant anticipatory bail. The incident occurred as early as on 30.8.2008 and petitioner was not available for interrogation so far. Petitioner is directed to surrender before the investigating officer and co-operate with the investigation without any delay. Whether she surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.