IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4766 of 2008() ----------------------------- (CRIME NO.183/08 OF KELAKAM POLICE STATION) PETITIONER/ACCUSED : ----------------- MATHEW @ PAPPACHAN, S/O.JOSEPH, 49 YEARS THEKKEDATH HOUSE, KANDAPPANA PO., AMBAYATHODE, KANNUR BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4766 of 2008 ----------------------------------------------- Dated this the 30th day of July, 2008. ORDER Petition for anticipatory bail. 2. According to prosecution, the petitioner was found in possession of 15 bottles of Indian made foreign liquor. On seeing the police, petitioner fled from the scene abandoning the article, which on examination, was found to contain liquor. 3. Learned counsel for the petitioner submitted that the petitioner has absolutely no connection with the crime. Petitioner's name is not mentioned in the F.I. Statement. There was no arrest from the spot. Petitioner was falsely implicated in this case. 3. Learned Public Prosecutor opposed this application for anticipatory bail and submitted that petitioner was arrayed as accused after questioning the witnesses whose statements reveal that they identified them at the spot. The identity of the accused is clearly revealed from the statement given by the witnesses. It is also pointed out that the petitioner's name is mentioned in the F.I.R. itself. 4. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail, especially since no materials are available at this stage to substantiate the innocence of the accused. Petition is dismissed. K. HEMA, JUDGE. Krs.