IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3558 of 2009() ----------------------------- CRIME NO.6/2009 OF OTTAPALAM EXCISE RANGE PETITIONER/ACCUSED NO.1: ------------------------------------------- SREEMATHY, POOVATHINGAL HOUSE, VANEEVILASOM, CHUNANGAD, AMBALAPPARA VILLAGE, OTTAPALAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, OTTAPALAM EXCISE RANGE. SRI. M.S. BEEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3558 of 2009 ------------------------------------ Dated this the 9th day of July, 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.6/2009 of Ottapalam Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 27/01/2009, a raid was conducted at the residential house in which the petitioner is residing. A quantity of 25 litres of arrack was seized from that place. Husband of the petitioner is no more. The house belongs to her late husband. 4. The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the case only on the ground that she was found in the place. It is stated that the petitioner is residing in her house and not in her late husband’s house. 5. I have perused the Case Diary. Prima facie, I am not inclined to accept the contention put forward by the petitioner. B.A. No.3558 / 2009 Page numbers 6. In the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 can be granted in favour of the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm