IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6235 of 2008() ----------------------------- CRIME NO.81/2008 OF MAVELIKKARA EXCISE RANGE PETITIONER: ACCUSED --------------------------- INDIRA, MANIMANGALAM HOUSE, VATHIKULAM, THEKKEKARA VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERAELA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6235 of 2008 --------------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner was found carrying 1 litre of coloured arrack in a bottle on 24.9.2008 at 8 a.m. 3. Learned counsel for petitioner submitted that it is highly unbelievable that a woman like petitioner, who is aged 60 years, would carry 1 litre of arrack in a bottle and walk through a public road. The allegation itself is improbable, it is submitted. It is also submitted that petitioner is a widow and she is residing in the house in a vast area of uncultivated paddy field and youngsters used to consume liquor from the paddy field. Petitioner was made an accused when the Excise Officials came there and actual culprits left the place, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that petitioner was identified from the spot and her name and address were shown in the mahazar and documents. She was caught red handed, but, she was not arrested since no BA No.6235/2008 2 woman police constable was present. It is also submitted that petitioner was involved in another crime under the Abkari Act in the year 2003 and there is nothing to show that police has any motive to falsely implicate petitioner. 5. On hearing both sides, I am satisfied of the submissions made by learned public prosecutor. Considering the nature of allegations, it is not a fit case to grant anticipatory bail. In an offence under Section 8(2) of Abkari Act, unless petitioner proves her innocence, even regular bail cannot be granted. The innocence of petitioner cannot be concluded on the submissions made by learned counsel for petitioner on the ground of probability factor. The petition is dismissed. K.HEMA, JUDGE csl