IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Bail Appl..No. 4064 of 2008() ----------------------------- AGAINST THE ORDER IN BA.2889/2008 CRIME NO.14/2007 OF ALAKODE EXCISE RANGE .................... PETITIONER: ACCUSED ------------------------------------- KARTHIYAYANI.N.P, AGED 45, W/O. KANNAN, NALUPURAPPATH HOUSE, THIMRI AMSOM DESOM, TALIPARAMBA TALUK, KANNUR. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE ------------------------ 1. STATE - REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CRIME NO. 14 OF 2007 OF ALAKODE EXCISE RANGE), KANNUR DT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4064 of 2008 ------------------------------------------- Dated this the 25th day of June, 2008 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 55(g) of Abkari Act. The article involved is 12 litres of wash. 3. According to learned counsel for the petitioner, petitioner was implicated in this crime only because she happened to be an accused in another crime No.2 of 2006. According to the prosecution, the petitioner could not be arrested since woman police was not available for arrest. It is also submitted that the petitioner is ailing from various deceases. She had undergone a surgery in 2005 and she has some post surgical problems for which she is under treatment as revealed from the certificate dated 10.06.2008. 4. Learned public prosecutor submitted that the petitioner is involved in the offence. There is no motive for the Excise officials to falsely implicate the petitioner in the crime. This petition is opposed. BA No.4064/08 2 5. On hearing both sides, I find that the innocence of the petitioner could not be substantiated. Except the fact that she was not arrested from the spot, no other materials were pointed out to prove the innocence. I am not satisfied that it is a fit case to grant anticipatory bail, especially since the petition is opposed. The petition is dismissed. K.HEMA, JUDGE csl