IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3537 of 2008()
1. SANTHA, EDACKALCHIRA HOUSE,KUMMANAM
... Petitioner
Vs
1. THE STATE OF KERALA THROUGH THE CIRCLE
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :02/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3537 of 2008
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Dated this the 2nd day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. According to prosecution, the Excise officials seized 20.700
litres of Indian made Foreign Liquor from the house of the
petitioner. A case was registered against the petitioner under
Section 55(a)and (i) of the Abkari Act. This petition is opposed.
Learned counsel for petitioner submitted that petitioner is totally
innocent of the allegations made. Petitioner is residing with the
daughter ever since the demise of her husband for the past four
months. She is not in occupation of the house and hence she cannot
be implicated for possession of liquor in the house. The house is in a
dilapidated condition and hence anybody could keep the article, it is
submitted.
3. On hearing both sides, I find that the article being seized
from the house of the petitioner, it is the duty of the petitioner to
account for the possession of the article in her house. Except bare
assertions that she was not available in the house, there is nothing
to substantiate the plea of innocence. Of course, it was pointed out
BA.3537/08 2
that the petitioner was not arrested from the spot, since allegedly,
women police constables were not available. But in an offence of
this nature, this circumstances alone may not be sufficient for
invoking discretion under Section 438 Cr.P.C.
This petition is dismissed.
K.HEMA, JUDGE
vgs.