IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5432 of 2008() ----------------------------- CRIME NO.13/08 OF KUMBLA EXCISE RANGE PETITIONER --------------------------- SIDDIQUE @ KOTTA SIDDIQUE S/O. ABDUL KHADER, THALAKAL VILLAGE MUZILA, MARUKATTA, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENTS: ------------- 1. THE INSPECTOR OF EXCISE KUMBLA EXCISE RANGE. 2. STATE REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5432 of 2008 ----------------------------------------- Dated this the 3rd September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, on 24.3.2008, the Excise party conducted a raid in a house and they found a person packing arrack using packing machine and 240 litres of spirit, 600 litres of arrack and a packing machine were seized from the spot. First accused was arrested from the spot. It is revealed that the second accused had given the materials to the first accused for packing arrack. Third accused is the owner of the house. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. He is implicated in the offence only on the basis of a confession statement given by the first accused. Hence, petitioner may be granted anticipatory bail, it is submitted. It is also submitted that there is mistaken identity and the petitioner is falsely implicated in the offence. 4.This petition is opposed. Learned Public Prosecutor submitted that the investigation is going on. After arrest of the first accused, it is revealed that the petitioner is involved in the offence and the petitioner is required for the purpose of investigation. BA.5432/08 2 5. On hearing both sides, I am satisfied that having implicated the petitioner in the offence, the petitioner will be required for interrogation, and for a smooth investigation and if anticipatory bail is granted to the petitioner, it will adversely affect the investigation. Petition is dismissed. K.HEMA, JUDGE vgs.