IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6276 of 2008() ----------------------------- CRIME NO. 44/2002 OF KOTTARAKKARA EXCISE RANGE CRIME NO.44/2002 OF KOTTARAKKARA EXCISE RANGE IS CORRECTED AS CRIME NO.42/2002 OF CIRCLE INSPECTOR OF EXCISE, KOTTARAKKARA AS PER ORDER DATED 23-10-2008 IN CRL.M.A. 5629/2008. PETITIONER/ACCUSED:- ---------------------------------------- ABHILASH, S/O GOMATHI AMMA, PARIPPALLIYIL VEEDU, KARIMPINPUZHA CEHRRY, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE, KOTTARAKKARA, KOLLAM DISTRICT HROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6276 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November,2008 O R D E R Petition for anticipatory bail. 2. Learned Public Prosecutor submitted that as per the instructions, petitioner is not an accused in the crime. It is revealed in investigation that autorickshaw used for the offence belongs to petitioner, but during the relevant period he was not in possession, but it was used by his driver (A1) on rental basis. It is also submitted that Excise officials have no intention to arrest petitioner. If his involvement in the crime is made out, at any time, he will be given notice in accordance with law, it is submitted. These submissions are recorded. 3. Learned counsel for petitioner submitted that petitioner had appeared before the Excise official as early as on 16-2-2008 and statement was also recorded. The incident occurred in the year 2002. 4. In the light of the submissions recorded, no ground exists to grant anticipatory bail, since apprehension of arrest is baseless. Petition is disposed of accordingly. Hand over this order to learned Public Prosecutor. K.HEMA, JUDGE. mn.