IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 543 of 2008(R) ----------------------------- CRIME 491/07 OF KANJAR POLICE STATION PETITIONER --------------------------- 1. RADHA, W/O.VALSALAN, AGED 55 YRS., THAZHATHURUTHIL HOUSE, POOCHAPRA KARA, VELLIAMATTOM VILLAGE, THODUPUZHA. 2. SIVARAMAN, S/O.SANKARAN, AGED 52 YEARS, OLIYARAKKAL HOUSE, POOCHAPRA KARA, VELLIAMATTOM VILLAGE, THODUPUZHA. BY ADV. SRI.P.SANJAY SRI.BIJU MEENATTOOR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 543 OF 2008 A ```````````````````````````````````````````````````` Dated this the 31st day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.2 and 3. Altogether there are three accused persons. They face allegations under the Kerala Abkari Act. All the three were allegedly engaged in the act of distillation on 1.12.07 when the excise party reached the scene. The petitioners took to their heels and could not be arrested. The first accused was arrested and he has been enlarged on bail also. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They were not present at the scene at all. False allegations are raised against them. They may now be granted anticipatory bail, it is prayed. They shall co-operate with the investigators and face interrogation. Any appropriate conditions may be imposed, it BA.543/08 : 2 : is submitted. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that no circumstance exists warranting or justifying the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. Petitioners may be directed to surrender before the investigating officer or the learned Magistrate and seek regular bail, 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 satisfied that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The complicity of the petitioners is clearly revealed in the contemporaneous seizure mahazar and in the occurrence report. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the BA.543/08 : 3 : normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or the learned Magistrate and apply 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) aks