IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7451 of 2007()
1. VASANTHA, W/O. MADHAVA PANICKER,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/12/2007
O R D E R
R.BASANT, J
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B.A.No.7451 of 2007
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Dated this the 5th day of December, 2007
ORDER
Application for anticipatory bail. Petitioner, a woman, faces
allegations under the Kerala Abkari Act. She was allegedly found
to be in possession of 10 litres of arrack on 10.08.07. She was
not arrested as the detecting party did not consist of any woman
officials. Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. Her husband was taken into
custody on 10.08.07 and he developed illness. He eventually
breathed his last on 5.10.07. To cover up any possible
allegations against the excise officials of responsibility for the
death of her husband, a false case has been manufactured
against the petitioner. Directions under Section 438 Cr.P.C may,
in these circumstances, be issued, submits the learned counsel
for the petitioner.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that while it is true that
against the husband of the petitioner, there are other crimes,
B.A.No.7451 of 2007 2
they have nothing to do with the detection of offence in the
instant case. The petitioner may be directed to surrender before
the learned Magistrate or the Investigating Officer and seek
regular bail, submits the learned Public Prosecutor.
4. Having considered all the relevant inputs, I find merit
in the opposition by the learned Public Prosecutor. I am unable
to perceive any features in this case which can justify or warrant
the invocation of the extraordinary equitable discretion under
Section 438 Cr.P.C. This, I am satisfied, is a fit case where the
petitioner must appear before the learned Magistrate having
jurisdiction or the Investigating Officer and then seek bail in the
regular and ordinary course.
5. This application is, in these circumstances, dismissed,
but I may hasten to observe that 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 and expeditiously.
(R.BASANT, JUDGE)
rtr/-
B.A.No.7451 of 2007 3