Sreeja vs State Of Kerala on 14 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 122 of 2008()


1. SREEJA, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.KODOTH SREEDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/01/2008

 O R D E R
                            R. BASANT, J.
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                      B.A.No. 122 of 2008
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             Dated this the 14th day of January, 2008

                               O R D E R

Application for anticipatory bail. The petitioner, a woman,

faces allegations under the Kerala Abkari Act. The petitioner

was allegedly found to be in possession of 5 litres of arrack on

22.12.2007. She was not arrested by the detecting officials as the

detecting Excise party did not consist of any woman official.

Investigation is in progress. The petitioner apprehends imminent

arrest. The petitioner has no history of any criminal antecedents,

submits the learned Prosecutor.

2. The learned counsel for the petitioner submits that the

petitioner is innocent. He prays that anticipatory bail may be

granted to the petitioner.

3. The learned Prosecutor opposes the application. The

allegations clearly reveal the commission of the crime. The

petitioner may be directed to surrender before the learned

Magistrate and seek regular bail in the ordinary course, submits

the Prosecutor.

B.A.No. 122 of 2008
2

4. I find merit in the opposition by the learned Prosecutor. I

agree with the learned Prosecutor that there are no features in this

case, which would justify the invocation of the extra ordinary equitable

discretion under section 438 Cr.P.C. in favour of the petitioner. This

I am satisfied is a fit case where the petitioner must resort to the

ordinary and normal procedure of appearing before the Investigator or

the learned Magistrate having jurisdiction and then seek regular bail in

the ordinary course.

6. This application is accordingly dismissed. I may

however hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with

law and expeditiously.

(R. BASANT)
Judge

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