IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6173 of 2008() ----------------------------- CRIME NO.35/08 OF MALLAPPALLY EXCISE RANGE PETITIONER: APPLICANT/2ND ACCUSED ----------------------------------------- PRASAD, S/O.THANKAPPAN, PATTATHIL VEEDU, VALAMKARA MURI, MALLAPPALLY. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (MALLAPPALLY EXCISE INSPECTOR) PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6173 of 2008 ----------------------------------------- Dated this the 15th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, 1½ litre of arrack was found in possession of first accused and on his confession, it is revealed that it was supplied by the second accused. Petitioner is the second accused. Investigation is in progress against both the accused for the same offence. 3. Learned counsel for petitioner submitted that except the alleged confession made by the first accused, there is absolutely nothing on record to connect him with the crime. Hence, he may be granted anticipatory bail, it is submitted. 4.This petition is opposed. Learned Public Prosecutor submitted that the investigation is at the initial stage. As per the materials now available, the petitioner has procured arrack and supplied it to the first accused. He is required for arrest and interrogation. The incident occurred as early as on 3.9.2008. He could not be arrested so far. BA.6173/08 2 5. On hearing both sides, considering the nature of the allegations and the nature of the investigation required, I find that the interrogation of the petitioner will be essential for the purpose of investigation. Hence, it is not a fit case to grant anticipatory bail. Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.