IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6548 of 2009() ----------------------------- Cr.NO.37/2007 OF NILESHWAR EXCISE RANGE .................... PETITIONER (S): ACCUSED --------------------------------------- SUJATHA T.P. AGED 35 YEARS, S/O.KUNHIKRISHNAN RESIDING AT VALIYAPOIL, THIMIRI VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT & STATE ----------------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE PREVENTIVE OFFICER, NEELESWAR EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6548 of 2009 --------------------------------------------- Dated this the 19th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Cr.No.37 of 2007 of Nileshwar Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 11.9.2007, the petitioner was found transporting 3 litres of illicit arrack. She was not arrested as no woman police constable was available. 4. The petitioner filed an application for anticipatory bail before the Sessions Court, Kasaragod. That application was dismissed by the order dated 27.10.2009. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl