IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 670 of 2009() ---------------------------- CRIME NO.67/2009 OF AMBALAPPUZHA POLICE STATION PETITIONER(S):ACCUSED:- -------------------- SUMATHI, W/O. PAPPAN, AGED 55 YEARS, PUTHUVAL, THOTTAPPILLY, AMBALAPPUZHA, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 670 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, on 30-1-2009 at about 7.40 p.m. petitioner along with her son were found engaged in sale of Indian Made Foreign Liquor. On seeing the police party, petitioner ran away and her son was arrested from the spot. 375 ml. of rum was seized from his possession and a case was registered. 3. Learned counsel for petitioner submitted that the allegations made against petitioner are not correct. Petitioner is a chronic patient and she is not even able to move about. Petitioner was very much in the house and she is not ran away on seeing the police. Petitioner's son was taken away by police in connection with some quarrel with some persons in a festival. This is an absolutely false case, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations in the mahazar and documents, both the parties were found engaged in sale. In the nature of allegations made, it is not a fit case to grant anticipatory bail. BA 670/09 -2- 5. On hearing both sides, I find that there are only bare assertions on the part of petitioner, that no such incident happened etc. A bare denial may not be sufficient to come to a finding that this is a false case. Considering the serious nature of the offence allegedly committed, I find that this is not a fit case to grant anticipatory bail. Petitioner is bound to surrender. Hence, the following order is passed:- 1) Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court, since on the facts in this case, this Court ordered that this is not a fit case to grant anticipatory bail and any order to the contrary in any subsequent anticipatory bail application will amount to review, which is impermissible in law. The petition is dismissed. K.HEMA, JUDGE. mn.