IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 99 of 2008() --------------------------- CRMP.3773/2007 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. CR NO.106/2007 OF KARTHIKAPPALLY EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- SAJU, S/O ANANDAN, ELANJAMPARAMBIL, PALLANA MURI, THRIKKUNNAPUZHA VILLAGE, ALAPPUZHA. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.99 of 2008 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under the Kerala Abkari Act. On receipt of discreet prior information, the excise officials went to the residential premises of the petitioner. The petitioner was not available there. But he was found in the locality. He had abandoned 150 litres of wash and taken to his heels on seeing the excise party. He was given a chase but he could not be apprehended. The contemporaneous records including the seizure mahazer revealed the complicity of the petitioner. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent and allegations raised are not legally sustainable. The excise party who did not know the accused allegedly had identified the accused on the basis of the statements of the the local persons. Such identification by the alleged local persons cannot be accepted, submits the learned counsel for the petitioner. B.A.No.99/08 2 3. The learned Public Prosecutor opposes the application. The excise party had seen the miscreants. The miscreants could not be apprehended. The local people had furnished the name and details of the miscreants to the excise officials. There is absolutely no reason to doubt or suspect the version relied on by the officials at this stage, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case which would justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction 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.99/08 3 B.A.No.99/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007