IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 186 of 2008()
1. YASODHA, W/O PRASANNAN,
... Petitioner
Vs
1. EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/01/2008
O R D E R
R.BASANT, J
------------------------------------
B.A.No.186 of 2008
-------------------------------------
Dated this the 14th day of January, 2008
ORDER
Application for anticipatory bail. Petitioner, a woman, faces
allegations under the Kerala Abkari Act. She was allegedly
engaging herself in the activity of unauthorised vending of Indian
Made Foreign Liquor. On receipt of discreet prior information, the
excise party reached the scene. Customer allegedly took to his
heels from the premises of the petitioner. The petitioner was
allegedly engaged in the activity of selling Indian Made Foreign
Liquor. 1.5 litres of Indian Made Foreign Liquor was seized by the
officials. Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is innocent. Her husband had purchased the Indian
Made Foreign Liquor. The petitioner, a house wife, is being
unnecessarily harassed by the excise officials. In any view of the
matter, the petitioner may be granted anticipatory bail, submits
the learned counsel for the petitioner.
B.A.No.186 of 2008 2
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that there are no
circumstances justifying or warranting the invocation of the
extraordinary equitable discretion under Section 438 Cr.P.C. The
petitioner may be directed to surrender before the learned
Magistrate 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. It is for the
petitioner to surrender before the learned Magistrate having
jurisdiction or the Investigating Officer and then seek regular bail
in the 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.186 of 2008 3