IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5228 of 2008()
1. MINIMOL, D/O.PRABHAVATHY, 32 YEARS, TC.3
... Petitioner
Vs
1. STATE OF KERERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :26/08/2008
O R D E R
K.HEMA, J.
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Bail Application No.5228 of 2008
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Dated this the 26th day of August, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 58 of Abkari Act.
According to prosecution, on 17.3.2008, at about 11.45 a.m.,
accused was found in possession of 7.500 litres of coloured
liquor.
3. Learned counsel for the petitioner submitted that the
petitioner is absolutely innocent of the allegations made. She
has three minor children and they are dependent on her. Her
mother had lodged complains before the Excise Officials and
petitioner is not in terms with her mother since petitioner
married a man on her choice from another community. This is
the circumstance under which a false case is lodged against the
petitioner, it is submitted. The article was purchased from
Beverages Corporation and hence, offence under Section 58 will
not be attracted, it is argued.
4. This petition is opposed. Learned public prosecutor
BA No.5228/2008 2
submitted that the article was seized from the possession of the
petitioner. Her name and details are mentioned in the mahazar.
Five bottles each containing 1.5 litre of coloured liquor were
seized from the possession of the petitioner and none of the
bottles contained the sticker of Beverages Corporation. Those
were all seized. The petitioner had no explanation for her
possession. Therefore, the offence under Section 58 is clearly
attracted, it is submitted.
5. On hearing both sides, I do not find that this is a fit
case to grant anticipatory bail, especially since the petitioner is
not able to substantiate her innocence in the absence of any
supporting materials placed before this Court.
Petition is dismissed.
K.HEMA, JUDGE
csl