Geetha v. Excise Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937H Bail Appl..No. 6977 of 2015 ----------------------------------------- CRIME NO. 166/2015 OF MAVELIKKARA EXCISE RANGE, ALAPPUZHA --------------- PETITIONER(S)/ACCUSED:

------------------------------------------ GEETHA, D/O.JANAKI, PLAKKOTTU HOUSE, KOIPALLIKARANMA, PERUNGALA VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690 510.

BY ADVS.SRI.S.RANJIT (KOTTAYAM) SRI.GOKUL DAS V.V.H.

RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- EXCISE INSPECTOR, MAVELIKKARA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.6977 of 2015 ------------------------------------------------ Dated this the 16th day of November, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioner is the accused in Crime No.166 of 2015 of Mavelikkara Excise Range registered for an offence punishable under Section 55(i) of the Abkari Act.

3.

Prosecution case, in short, is that on 16-09-2015 at about 7.30 p.m., the Excise party received a discreet information regarding the sale of liquor in the house of the petitioner. On a raid, it was found that 700 ml of Indian Made Foreign Liquor was stored in the house of the petitioner.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Learned counsel for the petitioner submitted that she is innocent of all allegations. Learned Public Prosecutor opposed the bail application by contending that she is involved in a similar offence earlier. Considering the nature of allegations and the

B.A No.6977 of 2015 2 provisions in Section 41A of the Abkari Act, I am not inclined to grant pre-arrest bail to the petitioner. Hence, the bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk