IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 41 of 2009()
1. GOURIKUTTY, W/O. SUKUMARAN, AGED 72
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.B.RENJITHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/01/2009
O R D E R
K. HEMA, J.
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B.A. No. 41 of 2009
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Dated this the 19th day of January,2009
O R D E R
Petition for anticipatory bail.
2. The alleged offence is under section 8(2) of the Abkari
Act. According to prosecution, petitioner was found in
possession of one litre of arrack on 8-12-2008, but she could not
be arrested, since woman police constable was not available.
3. Learned counsel for petitioner submitted that
petitioner is absolutely innocent of the allegations made. She is
aged 72 years and she is also having some heart problem, as
evidenced by Annexure-A1 certificate, and she was hospitalized.
If she is arrested and remanded to jail, it will cause irreparable
injury and loss, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the case diary, petitioner was found in
possession of one litre of arrack and she is involved in various
other cases of similar nature. Hence, it is not a fit case to grant
anticipatory bail.
5. On hearing both sides, I find that the only special
circumstances pointed out is the age of petitioner and physical
ailment. Those facts alone cannot be made a ground to grant
anticipatory bail. Those may be considered in a petition filed
BA 41/2009 -2-
under section 437. The consideration for granting bail under
sections 437 and 438 are different. Petitioner could not point out
any materials to indicate that she has not committed any offence,
except making bare assertions of innocence. Hence, following
order is passed.
Petitioner shall surrender before the
Magistrate court concerned and in such event, bail
application, if any is filed, shall be disposed of on
merit, without any delay.
This petition is disposed of accordingly.
K.HEMA, JUDGE.
mn.