IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7927 of 2008()
1. SARASWATHY AMMA, W/O.SASIDHARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/02/2009
O R D E R
K. HEMA, J.
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Bail Appl. No. 7927 of 2008
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Dated this the 10th day of February, 2009.
ORDER
Petition for anticipatory bail.
2. The alleged offence is under Section 55(i) of Abkari Act.
According to prosecution, petitioner was found engaged in sale of
Indian made foreign liquor from behind a c-class shop run by
her husband on 19.12.2008 and 600 ml. of Indian made foreign
liquor was seized from her possession.
3. Learned counsel for petitioner submitted that petitioner
is a woman. She was actually not involved in the offence. Her
husband is running a c-class shop and petitioner is deliberately
made an accused in this crime. Her mother is sick and she has to
look after her mother and some leniency may be shown and
anticipatory bail may be granted to her.
4. This petition is opposed. Learned counsel for petitioner
submitted that considering the allegations made, it is not a fit
case to grant anticipatory bail
5. On hearing both sides, I find that the offence alleged is
under the Abkari Act. Even for granting bail under Section 437
Cr.P.C., petitioner has to establish that she is innocent and that
[B.A.No.7927/08] 2
she will not commit offence. The submissions made by learned
counsel for petitioner are not sufficient to come to a finding that
petitioner is not guilty. In the above circumstances, there is no
special circumstance to grant anticipatory bail. Though assertions
are made that petitioner’s mother is sick etc. those are only bare
assertions. On considering the nature of allegations made, I am
satisfied that it is not a fit case to grant anticipatory bail.
Petitioner is at liberty to raise the same contention while she
surrenders and applies for bail under Section 437 Cr.P.C. In the
above circumstances, the following order is passed:
1) Petitioner shall surrender before the investigating
officer forthwith and co-operate with the
investigation. Whether she surrenders or not, police
is at liberty to arrest her and proceed in accordance
with law.
2) No further application for anticipatory bail by the
petitioner in this crime will be entertained by this
Court.
Petition is dismissed.
K. HEMA, JUDGE.
Krs.