SANTHAMMA MOHANAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) The petitioner, a lady, who is the accused in C.R. No.6/2007 of Kunnamangalam Excise Range seeks anticipatory bail on the allegation that what she was having is only the juice of a domestic fruit called 'rose apple' meant for her husband.

(2.) The learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner was found in possession of 2.5 litres of illicit arrack in her house on 5.2.2007 and that prima facie an offence punishable under section 8(1) and 8(2) of the Abkari Act is attracted.

(3.) It is too early to accept the petitioner's version of the occurrence.Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrateconcerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail within two weeks from today, the same shall be considered and disposed of,preferably on the same date on which it is filed. This application is disposed of as above.