High Court Kerala High Court

Radha vs State Of Kerala on 28 May, 2010

Kerala High Court
Radha vs State Of Kerala on 28 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2575 of 2010()


1. RADHA, AGED 41 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.T.GOPALAKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :28/05/2010

 O R D E R
                             K.HEMA, J.
           ----------------------------------------------
               Bail Application No.2575 of 2010
           ----------------------------------------------
                     Dated 28th May, 2010.

                              O R D E R

This petition is for anticipatory bail.

2. The alleged offence is under Section 55(i) of the

Kerala Abkari Act. According to prosecution, petitioner was found

near one house by name “Visakham”, selling Indian Made Foreign

Liquor. A glass, 700 ml. of Indian Made Foreign Liquor and Rs.80/-

were seized from her possession.

3. Learned counsel for the petitioner submitted that

somebody was taking liquor in a nearby construction site and

when they saw the Excise officials, they ran away, throwing away

the articles. The Excise party questioned petitioner about the

persons who ran away, but she could not state their details and

hence she is falsely implicated in the offence. Petitioner’s son is

an Engineering student and daughter is a degree student. She is

a widow.

4. Learned Public Prosecutor submitted that the

allegations made in the case diary will reveal that petitioner was

involved in sale of Indian Made Foreign Liquor. She is involved in

BA NO.2575/10 2

five other crimes of similar nature and this is not a fit case to

grant anticipatory bail, it is submitted.

5. On hearing both sides and on considering the

serious nature of the allegations made and the absence of any

materials to support the plea of innocence and the chances for

repeating the offence, I am satisfied that this is not a fit case to

grant anticipatory bail.

Petition is dismissed.

K.HEMA, JUDGE.

tgs