High Court Kerala High Court

K.Omana vs State – Excise Inspector on 10 June, 2009

Kerala High Court
K.Omana vs State – Excise Inspector on 10 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2596 of 2009()


1. K.OMANA, W/O LATE SREEDHARAN,
                      ...  Petitioner

                        Vs



1. STATE - EXCISE INSPECTOR,
                       ...       Respondent

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/06/2009

 O R D E R
                            K.T.SANKARAN, J.
                        ---------------------------------
                             B.A.No.2596 of 2009
                        ---------------------------------
                    Dated this the 10th day of June, 2009


                                    ORDER

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. The petitioner is the accused in Crime

No.10 of 2009 of Excise Range Office, Mattannur.

2. The offence alleged against the petitioner is under Section 8

(1) and (2) of the Abkari Act.

3. The prosecution case is that the petitioner was found

transporting 3 litres of arrack. She could not be arrested from the

scene as no woman guard was available.

4. The learned counsel for the petitioner submits that the

case is falsely foisted against the petitioner. It is also stated that the

petitioner is suffering from serious ailments.

5. In the facts and circumstances of the case, I do not think

that this is a fit case where anticipatory bail can be granted.

The Bail Application is accordingly dismissed.

K.T.SANKARAN,
JUDGE
csl