IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2596 of 2009() ----------------------------- CRIME NO.10/2009 OF EXCISE RANGE OFFICE, MATTANNUR .................... PETITIONER/ACCUSED -------------------------------------- K.OMANA, W/O LATE SREEDHARAN, AGED 48 YEARS, 'KRIPA NILAYAM', KOVOOR, NAYATTUPARA, PATTANNUR P.O., KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE - EXCISE INSPECTOR, MATTANNUR. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.2596 of 2009 --------------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.10 of 2009 of Excise Range Office, Mattannur. 2. The offence alleged against the petitioner is under Section 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that the petitioner was found transporting 3 litres of arrack. She could not be arrested from the scene as no woman guard was available. 4. The learned counsel for the petitioner submits that the case is falsely foisted against the petitioner. It is also stated that the petitioner is suffering from serious ailments. 5. In the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl