IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5643 of 2008() --------------------------------------- CRIME NO.180/08 OF MAVOOR POLICE STATION ............................ PETITIONER/ACCUSED -------------------------------- P.K.RAJAN, S/O. RAMAN, PANCHIKULANGARA HOUSE, POST: NAYARKUZHI, KOZHIKODE – 673 601. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF PPOLICE, MAVOOR POLICE STATION, MAVOOR, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ K.HEMA, J. ------------------------------------------------- B.A.No.5643 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 8(2) and 55(g) of Abkari Act. On 7.8.2008 at 6 p.m., 5 litres of arrack, wash and other utensils for manufacturing liquor were seized from the house of the first accused who is the petitioner herein. Petitioner ran away from the spot and he could not be arrested. 3. Learned counsel for the petitioner submitted that the petitioner is a heart patient and hence, anticipatory bail may be granted. This petition is opposed. 4. After hearing both sides, I find that in an offence of this nature, anticipatory bail cannot be granted especially since nothing is on record to indicate petitioner's innocence at this stage. Physical condition of the petitioner also may not be a sufficient ground for granting anticipatory bail. 5. Learned counsel for the petitioner submitted that the petitioner is prepared to surrender before the Investigating BA No.5643/08 2 Officer and a direction may be issued to dispose of petition for bail without delay. 6. Hence, it is directed that the petitioner shall surrender before the Investigating Officer within seven days from today and in case of his arrest, he shall be produced before the Magistrate Court in accordance with law and thereafter, if bail application is filed, the learned Magistrate shall dispose of the bail application as expeditiously as possible on merits in accordance with law. I also make it clear that considerations for granting anticipatory bail and bail under Section 437/439 are different. The petition is disposed of accordingly. K.HEMA, JUDGE csl