High Court Kerala High Court

Yasodha vs Excise Inspector on 14 January, 2008

Kerala High Court
Yasodha vs Excise Inspector on 14 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 186 of 2008()


1. YASODHA, W/O PRASANNAN,
                      ...  Petitioner

                        Vs



1. EXCISE INSPECTOR,
                       ...       Respondent

                For Petitioner  :SRI.RASHEED C.NOORANAD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :14/01/2008

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                         B.A.No.186 of 2008
                       -------------------------------------
              Dated this the 14th day of January, 2008

                                   ORDER

Application for anticipatory bail. Petitioner, a woman, faces

allegations under the Kerala Abkari Act. She was allegedly

engaging herself in the activity of unauthorised vending of Indian

Made Foreign Liquor. On receipt of discreet prior information, the

excise party reached the scene. Customer allegedly took to his

heels from the premises of the petitioner. The petitioner was

allegedly engaged in the activity of selling Indian Made Foreign

Liquor. 1.5 litres of Indian Made Foreign Liquor was seized by the

officials. Investigation is in progress. The petitioner apprehends

imminent arrest.

2. The learned counsel for the petitioner submits that the

petitioner is innocent. Her husband had purchased the Indian

Made Foreign Liquor. The petitioner, a house wife, is being

unnecessarily harassed by the excise officials. In any view of the

matter, the petitioner may be granted anticipatory bail, submits

the learned counsel for the petitioner.

B.A.No.186 of 2008 2

3. The learned Public Prosecutor opposes the application.

The learned Public Prosecutor submits that there are no

circumstances justifying or warranting the invocation of the

extraordinary equitable discretion under Section 438 Cr.P.C. The

petitioner may be directed to surrender before the learned

Magistrate and seek regular bail, submits the learned Public

Prosecutor .

4. Having considered all the relevant inputs, I find merit

in the opposition by the learned Public Prosecutor. It is for the

petitioner to surrender before the learned Magistrate having

jurisdiction or the Investigating Officer and then seek regular bail

in the ordinary course.

5. This application is, in these circumstances, dismissed,

but I may hasten to observe that if the petitioner surrenders

before the Investigating Officer or the learned Magistrate and

applies for bail after giving sufficient prior notice to the Prosecutor

in charge of the case, the learned Magistrate must proceed to

pass appropriate orders on merits and expeditiously.

(R.BASANT, JUDGE)
rtr/-

B.A.No.186 of 2008 3