IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5973 of 2008() ----------------------------- C.R.NO.82/08 OF EZHUKONE EXCISE RANGE, KOLLAM DISTRICT. PETITIONER/ACCUSED NO.2 ------------------------------------------- PRASAD, AGED 39 YEARS, S/O.GOPINATHAN, AISWARYA BHAVAN, EZHUKONE MURI & VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, EZHUKONE, KOLLAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTER SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5973 of 2008 ----------------------------------------- Dated this the 26th September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(a) and 67B of the Abkari Act. According to prosecution, two persons were found transporting 175 litres of spirit and first accused was arrested from the spot. Second accused ran away. Petitioner is the second accused. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. He is working as an attender in the Kerala Water Authority and he was not even arrested from the spot. 4. This petition is opposed. Learned Public Prosecutor submitted that there is clear evidence to connect the accused with the crime. The case diary shows materials to implicate the accused in the offence and hence it is not a fit case to grant anticipatory bail. BA.5973/08 2 5. On hearing both sides, I am satisfied that in the nature of the allegations made and the nature of involvement of the petitioner, it is not a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE vgs.