POOVATHAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for anticipatory bail.

(2.) According to the prosecution, petitioner was found in possession of 10 litres of arrack in a house. Petitioner ran away on seeing Excise officials and a crime was registered against her under S.8(2) of the Abkari Act.

(3.) Learned counsel for the petitioner submitted that petitioner is absolutely innocent of the allegations made. She was not present at the place of occurrence and that the said house does not belong to her. The house from where the article was seized does not belong to petitioner, but under mistaken belief that the house belongs to petitioner, a false case was registered against her, it is submitted, The said house belongs to an other person and not to petitioner. Reference was made in the mahazar etc. to house No. II/165 but the petitioner's house bears No. II/208, as evidenced by Annexure-I certificate issued from Grama Panchayat.