IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 1898 of 2009 CRIME NO.6 OF 2009 OF THANKAMANI EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- AMMINI D/O. KUNHAN, AGED 56 YEARS, PARATHODU, KONNATHADI, UDUMBANCHOLA, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THANKAMANI EXCISE RANGE- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1898 OF 2009 ------------------------------------------------------ Dated this the 2nd 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.6 of 2009 of Thankamani Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and 55(a) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of coloured arrack, on inspection of her stationery shop in the presence of witnesses. The mahazar would indicate that the excise party made an inspection in the shop on 15.3.2009 at 6.30 PM and found the contraband in the shop belonging to the petitioner. Before completion of the formalities, the petitioner ran away. She could not be arrested as there was no woman guard in the excise party. 4. Learned counsel for the petitioner submitted that she has filed a petition to the Honourable Chief Minister complaining that, at the instance of one Mathew Thekkedath, the case was foisted against her. It is B.A. NO. 1898 OF 2009 :: 2 :: submitted that the representation submitted by the petitioner is pending consideration. 5. Taking into account the facts and circumstances of the case, I do not think that the petitioner is entitled to get anticipatory bail. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/