N.Sulochana vs State-Represented By Public … on 20 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4416 of 2007()


1. N.SULOCHANA, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. STATE-REPRESENTED BY PUBLIC PROSECUTOR,
                       ...       Respondent

2. EXCISE RANGE OFFICER,

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :20/07/2007

 O R D E R
                                 R. BASANT, J.

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                          B.A.No.  4416  of   2007

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                   Dated this the 20th day of   July, 2007


                                     O R D E R

Application for anticipatory bail. The petitioner, a woman, was

allegedly found to be in possession of 5 litres of arrack on 6.2.2006.

The party of the detecting officials did not have a lady officer and

therefore the petitioner was not arrested. The petitioner apprehends

imminent arrest. The learned counsel for the petitioner submits that

the petitioner is absolutely innocent. The petitioner’s daughter is

alone in the house. All these circumstances may be taken into

consideration and anticipatory bail may be granted to the petitioner,

submits the counsel.

2. The learned Prosecutor opposes the application. In the

wake of opposition by the Public Prosecutor even regular bail can be

granted to the petitioner only if this court is in a position to entertain

both the satisfactions contemplated under Section 41A of the Kerala

Abkari Act. In the facts and circumstances of this case, I am unable

to entertain either of those satisfactions. I am convinced that this is

not a fit case where the extra ordinary equitable discretion under

B.A.No. 4416 of 2007

2

Section 438 Cr.P.C. can or deserves to be invoked in favour of the

petitioner. The petitioner must appear before the Investigator or the

learned Magistrate having jurisdiction and then seek regular bail in the

ordinary course.

5. This application is hence dismissed. Needless to say, if the

petitioner surrenders before the Investigating Officer or the learned

Magistrate having jurisdiction and applies for regular bail after giving

sufficient prior notice to the Prosecutor in charge of the case, the learned

Magistrate must proceed to pass orders on merits, in accordance with law

and expeditiously.

(R. BASANT)

Judge

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