IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 7849 of 2007() ----------------------------- CR.NO.110/2007 OF ARYANADU EXCISE RANGE PETITIONER/3RD ACCUSED: ----------------------------- BINU, S/O.KRISHNANKUTTY, MUNDANY LAKSHAM VEEDU, KOKKUDY MURI, MANNOORKARA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7849 of 2007 ---------------------------------------- Dated this the 1st day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the third accused. Altogether there are three accused persons. The crux of the allegations is that at the instructions of the petitioner, 35 litres of arrack were being carried out by first and second accused who were intercepted on 12/9/2007 and arrested. The petitioner has not been arrested so far. The petitioner apprehends imminent arrest. 2. According to the learned counsel for the petitioner, except the alleged confession statement of accused 1 and 2, there is nothing whatsoever to connect the petitioner with the crime. It is in these circumstances, prayed that the petitioner may be granted anticipatory bail. 3. The learned Public Prosecutor opposes the application. All the available indications do point to the complicity of the petitioner. At any rate, there are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C in favour of the petitioner now, submits the learned Public Prosecutor. B.A.No.7849/07 2 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that this is a fit case where the petitioner must be directed to appear before the investigating officer or the learned Magistrate and then seek regular bail in the ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.7849/07 3 B.A.No.7849/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007