IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2611 of 2009() ----------------------------- CRIME NO.6/2009 OF KUNNAMANGALAM EXCISE RANGE PETITIONER/ACCUSED: ----------------------------------- SMT.USHA, W/O.GOVINDAN, AGED 37 YEARS, RESIDING AT 'PAYYADIPARAMBIL', PHAZHAKOT AMSOM DESOM. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.2611 of 2009 ------------------------------ Dated this the 4th 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.6 of 2009 of Kunnamangalam Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of 2 litres of illicit arrack. The petitioner could not be arrested as there was no lady officer in the Excise Party. 4. The learned counsel for the petitioner submitted that there is no ground to implicate the petitioner. According to the petitioner, the arrack was found in the property of the petitioner and that is the only reason to implicate her in the crime. 5. On going through the case diary, prima facie, I am not inclined to accept the contentions raised by the petitioner. I am of the view that this is not a case where the remedy under Section 438 can be invoked. The Bail Application is devoid of merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl