Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 Bail Appl..No. 464 of 2013 () ----------------------------- CRIME NO. 17/2012 OF NILESHWAR EXCISE RANGE, KASARAGOD DISTRICT. ................ PETITIONER/ACCUSED: ------------------------------------ V.V. THAMBAYI, AGED 5 YEARS, W/O. KUMARAN (LATE), VADAKKEDATH VEEDU, MALAPPACHERY, MADIKAI KARATHOTTI, THAYANNUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.A.ARUNKUMAR. RESPONDENTS/COMPLAINANT & STATE : --------------------------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER, NILESHWAR EXCISE RANGE, (CR.NO.17 OF 2012), KASARAGOD-671 314. BY PUBLIC PROSECUTOR MR.V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J.
--------------------------------------------- B.A. No.464 of 2013 --------------------------------------------- Dated this the 29th day of January, 2013 ORDER A lady was apprehended with 5 litres of arrack in her possession and the case was registered against her as Crime No.17/2012 of Nileshwar Excise Range, for offences punishable under Section 8(1) and (2) of the Abkari Act.
2. Learned counsel for the petitioner would point out that there was nothing to show that the petitioner was in possession of contraband articles. It is further pointed out that the petitioner is innocent and has been falsely implicated.
3. Learned Public Prosecutor opposed the petition and pointed out that the investigation is at an infant stage.
4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records, the claim of the petitioner that she is innocent cannot be readily accepted. On going through the records, it is seen that a woman constable was not with the Excise party and so they could not arrest the lady from the spot. Later on the petitioner was identified as the lady who escaped from the place. A further probe into the matter is not warranted at this point of time. Suffice it to say that considering B.A.No.464/2013 :2: the nature of allegations, the manner in which the offence was committed, nature of contrabands seized and also the fact that investigation is at an infant stage, preclude this Court from exercising the extraordinary jurisdiction in favour of the petitioner. The petition is accordingly dismissed.
5. However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 5.2.2013, who after interrogation shall produce him before the JFCM court concerned, which court, on bail application being moved by the petitioner, may dispose it of in accordance with law, preferably on the date of production itself. P.BHAVADASAN, Judge. okb.