IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2527 of 2008() ---------------------------------------- (EXCISE CRIME NO.25/2002 CONNECTED TO O.R.NO.153/2002 OF FRO, MARAYOOR) PETITIONER : ACCUSED: --------------------------------------- HRIDAYA SWAMY, AGED 37 YEARS, S/O.MICHAEL, 7 ROOM LINES, LUCKUM NEW DIVISION, GUNDUMALAI, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: COMPLAINANTS: ---------------------------------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE ASSISTANT EXCISE INSPECTOR, DEVIKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, MARAYOOR. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008 ALONG WITH B.A.NO.2621 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ```````````````````````````````````````````````````` B.A. Nos. 2527 and 2621 OF 2008 and Crl.M.A. No.2308 OF 2008 IN B.A. No. 1990 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of April, 2008 O R D E R These applications are by the common petitioner. The petitioner faces allegations in two separate crimes, one registered by the forest officials alleging commission of offences punishable under the Kerala Forest Act. There was an allegation raised against the petitioner of having committed offences punishable under the Kerala Abkari Act also in the course of the same detection. He was allegedly found to be in possession of 50 litres of spirit. In the crime registered under the Kerala Forest Act, the petitioner was granted anticipatory bail as per order dated 1.4.08 in BA.1990/08. The petitioner had appeared before the learned Magistrate as directed in the said order on 8.4.08. At that time, it was revealed that the petitioner was facing allegations in the other crime registered under the Kerala Abkari Act. When the BA.2527/08&2621/08 : 2 : Magistrate opined that though the petitioner will be entitled to be released on bail in the forest crime, he will be liable to be remanded under the excise crime, the petitioner allegedly went away from the court without executing the bond. Another crime has been registered as crime No.23/08 of Devikulam police station alleging escape from custody. The petitioner, in these circumstances, has now come to this Court with Crl.M.A.2308/08 to extend the time granted to him as per order dated 1.4.08 in BA.1990/08 to execute the bond. He has also sought anticipatory bail in the crime registered under the Kerala Abkari Act as also in the later crime registered, inter alia, under sections 224(b) and 174 IPC. 2. The learned Public Prosecutor opposes all the applications. The learned Public Prosecutor submits that the petitioner is guilty of such contumacious conduct that he does not deserve to be granted anticipatory bail in the two crimes pending and he does not deserve to be granted any extension of time. BA.2527/08&2621/08 : 3 : 3. The learned Public Prosecutor submits that in crime 23/08 of Devikulam police station, there is no allegation of any non-bailable offences committed by the petitioner. He can appear before the investigating officer or the learned Magistrate and seek regular bail under section 436 Cr.P.C., submits the learned Public Prosecutor. I accept that submission and in these circumstances, I am satisfied that BA.2621/08 can be dismissed accepting the submission of the learned Public Prosecutor that in crime 23/08 of Devikulam police station the petitioner is not required to be arrested for any non-bailable offences. 4. The learned Public Prosecutor opposes the application for anticipatory bail in the excise crime. The allegations are serious. There are satisfactory materials collected against the petitioner. The mere fact that he has been granted anticipatory bail in the forest crime does not ipso facto help him to claim grant of anticipatory bail in the excise crime, it is submitted. In the light of section 41A of the BA.2527/08&2621/08 : 4 : Kerala Abkari Act and in the light of the opposition of the learned Public Prosecutor, I am satisfied that the petitioner does not deserve to be granted anticipatory bail in the excise crime. The petitioner must surrender before the investigating officer or the learned Magistrate and then seek regular bail in the usual course. 5. In Crl.M.A.2308/08 the prayer is only for re-fixing of the schedule of appearance before the learned Magistrate. Notwithstanding the conduct of the petitioner on the date when he surrendered before the learned Magistrate, I am satisfied that a lenient view can be taken and a revised schedule can be fixed. 6. In the result:- (a) Crl.M.A.2308/08 is allowed. The dates 8.4.08, 9.4.08 and 10.4.08 appearing in paragraph 3 of the order dated 1.4.08 in BA.1990/08 shall stand altered, modified and re-fixed as 7.5.08, 8.5.08 and 9.5.08 respectively. (b) B.A.2621/08 is dismissed accepting the submission BA.2527/08&2621/08 : 5 : of the learned Public Prosecutor that the petitioner is not required to be arrested on the allegation that he has committed any non-bailable offences in crime 23/08 of Devikulam police station. (c) B.A.2527/08 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) aks