IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7012 of 2008() ----------------------------- CRIME NO.415/08 OF HARIPAD POLICE STATION PETITIONER: ACCUSED NO.2 --------------------------------- ANEESH, S/O.MANIYAN, PUTHENNIKATHIL, KARUVATTA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7012 of 2008 --------------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(g) of Abkari Act. According to prosecution, petitioner along with another person were found standing in a paddy field and on seeing the police, they ran away. On search of the premises, 1260 litres of wash were seized and a crime was registered. 3. Learned counsel for petitioner submitted that contraband article was seized from a marshy land situated near the property of one Nanukutty and petitioner is absolutely innocent of the allegations made. Petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that petitioner was found running away from the scene and he could not be arrested. At the scene, from where he escaped, huge quantity of wash was found and seized. It is not a fit case to grant anticipatory bail, it is submitted. BA No.7012 /2008 2 5. On hearing both sides, I find that considering the nature of allegations made, it is not a fit case to grant anticipatory bail. The case was registered as early as on 3.8.2008 and petitioner is required for interrogation. Hence, petitioner is directed to surrender before the Investigating Officer and co-operate with investigation, without any delay. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl