GOMATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Code of criminal procedure. The petitioner is the accused in Crime No. 58/2008 of kattakada Excise Range.

(2.) THE offence alleged against the petitioner is under Sections 8 (1) and 8 (2) of the Abkari Act.

(3.) THE prosecution case is that on 17/08/2008, the accused was found in possession of 2 = litres of arrack. It is stated that the petitioner could not be arrested since no woman guard was available in the Excise party. The petitioner surrendered before the court on 6/05/2009 and she was remanded to judicial custody.