Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.14 of 2014 of the Balusserry Excise Range registered for the offences punishable under Sections 58 of the Abkari Act.
3. The allegation against the petitioner is that on 14.10.2014 at about 05.00 p.m., she was found transporting 4.500 liters of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act. As no woman Police Constable or woman officer was not available with the Excise party, she was not placed under arrest.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioner. This is an application seeking anticipatory bail in an Abkari case which cannot normally be entertained. The fact as to why the petitioner was not placed under arrest has been clearly explained by the investigating officer. It seems that she could not be arrested as no woman
B.A.No.7952 of 2014
2 Police Constable or woman officer were available in the Excise party.
6. The allegations against the petitioner are very grave and serious. Considering the seriousness of the allegations against the petitioner, I am satisfied that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this Bail Application is dismissed Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge