IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2688 of 2008() ----------------------------- CRIME NO.51/05 OF EXCISE INSPECTOR, CHELANUR, KOZHIKODE PETITIONER/ACCUSED ----------------- N.C.USHA,W/O.SHYLESH,NADUCHALIL HOUSE, CHELANUR AMSOM KANNANKARA DESOM,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ------------- 1. EXCISE INSPECTOR,CHELANUR,KOZHIKODE. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2688 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 4 litres of arrack on 10.10.05. She has not been arrested so far. Investigation is in progress. Final report has not been filed. 2. The learned counsel for the petitioner submits that the petitioner is innocent. She may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no features available in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. This, I am satisfied, is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. B.A.No.2688 of 2008 2 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or 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 appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-