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Usha vs State Of Kerala

High Court Of Kerala|20 November, 2014
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JUDGMENT / ORDER

Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.102 of 2014 of the Sasthamcotta Excise Range registered for the offences punishable under Sections 55 (i) of the Abkari Act.
3. The allegation against the petitioner is that on 02.08.2014 at about 07.35 p.m., she was found selling in Indian Made Foreign Liquor and quantity of 1.360 liters of Indian Made Foreign Liquor was seized from her possession. As woman Police Constable or any woman officers were not present, the petitioner could not be arrested.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. This is an application seeking anticipatory bail in an Abkari case. The petitioner was not placed under arrest only because of the fact that there where no woman Police Constable or other woman officers, who were attached to the Excise party at the time of the search and seizure.
6. The allegations against the petitioner are very grave B.A.No.6661 of 2014 2 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
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Title

Usha vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri
  • P V Dileep