IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5144 of 2007()
1. PREETHA, AGED 30 YEARS, W/O.VELAYUDHAN,
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.M.SANTHOSHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/08/2007
O R D E R
R.BASANT, J.
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B.A.No.5144 of 2007
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Dated this the 22nd day of August 2007
O R D E R
Application for anticipatory bail. The petitioner is the first
accused. Her husband is the second accused. They were
allegedly found to keep in their joint possession in their house
200 x 100 ml of Karnataka arrack on 13/7/2007. As only the
petitioner was available in the house when the detection was
made and as there was no lady official in the detecting party, she
was not arrested by the officials. Investigation is in progress.
Her husband is still absconding. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. She was not in conscious
exclusive possession of the contraband article. In these
circumstances, anticipatory bail may be granted to the
petitioner, it is urged.
3. Application was opposed by the learned Public
Prosecutor. The learned Public Prosecutor submits that there
B.A.No.5144/07 2
are no circumstances justifying or warranting the invocation of
the extraordinary equitable discretion under Section 438 Cr.P.C.
4. Having considered all the relevant inputs, I find merit
in the opposition by the learned Public Prosecutor. I am satisfied
that this is not a fit case where such extraordinary equitable
discretion can or ought to be invoked. This is a fit case where
the petitioners must appear before the investigating officer or
the learned Magistrate having jurisdiction and then seek regular
bail in the normal and ordinary course.
5. In the result, this petition is dismissed. Needless to
say, 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, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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B.A.No.5144/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007