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. 2579 of 2009() ------------------------------------- CRIME NO.39/2007 OF KOTTARAKKARA EXCISE RANGE PETITIONER/ACCUSED: -------------------------------------- SREEKUMARY,W/O.LATE RAJENDRAN, PUSHPA MANDIRAM,NEDUMON KAVU, KAREEPRA VILLAGE,KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REP.BY THE EXCISE RANGE INSPECTOR, KOTTARAKKARA EXCISE RANGE,KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR 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.2579 of 2009 ------------------------------------ Dated this the 10th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.39/2007 of Kottarakkara Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The learned counsel for the petitioner submitted that this is a case of mistaken identity. It is stated that husband of the petitioner, who passed away was involved in several abkari offences, but she was never involved in any offence. She is running a tea shop. She was not arrested at the alleged place of occurrence. 4. The learned Public Prosecutor submitted on instruction that the petitioner was found transporting 2.25 litres of coloured arrack. Her identity was established even at the time of detecting the offence. However, she could not be arrested as no women guard was available. It is submitted that there is no mistake B.A. No.2579/2009 2 regarding the identity. In the facts and circumstances of the case, I do not think that this a fit case where anticipatory bail can be granted to the petitioner. The Bail application is accordingly dismissed. K.T. SANKARAN, JUDGE scm