IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1719 of 2008() ----------------------------- CRIME NO. 12/05 OF BADIYADUKKA POLICE STATION CP.5/2008 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED: ------------------------------------ VINOD P.P., KODIYIL HOUSE, CHIRAKKAL P.O., KURIYAD VAYAL, KANNUR. BY ADV. SRI.M.THAMBAN SMT.T.SUDHAMANI RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1719 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest in a crime, which is registered alleging the offence punishable under the Kerala Abkari Act. 6000 packets of arrack, each containing 100 ml., were allegedly transported in a Tata Sumo car. The vehicle was intercepted by the police. The vehicle sped away. After a long 20 kms. chase the vehicle was stopped. There were two persons in the vehicle. They allegedly took to their heels. 6000 packets of arrack (600 litres in all) were seized. There was no clue about the persons who ran away. The ownership of the vehicle was enquired. One Babu was found to be the registered owner. He had allegedly transferred the vehicle to the name of the petitioner. The petitioner had allegedly availed a loan from a financier on the security of the vehicle. The petitioner could not be arrested. An inexperienced police officer on these inputs had filed a final report arraying B.A.No. 1719 of 2008 2 only the petitioner as the accused. He was shown as absconding. Final report was filed. Cognizance was taken. Committal proceedings was registered. Coercive processes were issued against the petitioner. 2. While so, a superior official of the police, on routine examination of the case diary, was satisfied that no proper investigation has been conducted. Accordingly an application was filed before the Magistrate and further investigation under Section 173 (8) Cr.P.C. is now in progress. The petitioner apprehends that he may be arrested at any moment now by the Investigating Officer who is conducting the further investigation. 3. According to the petitioner he is innocent. He has nothing to do with the car. He is not the owner of the car at the relevant time. He has no responsibility for the alleged transportation of the arrack in the vehicle. Some blank signed papers which were available with the prior owner of the vehicle were misused to save his skin and to place the blame on the doors of the petitioner. The petitioner does not deserve to endure the trauma of arrest and detention. He may be granted anticipatory bail, it is prayed. B.A.No. 1719 of 2008 3 4. The learned Prosecutor opposes the application. He submits that the interrogation of the petitioner is absolutely essential to ascertain the truth and to resolve the mystery of the crime. The petitioner has been avoiding the long arms of the law all these years. It is unnecessary to permit the petitioner to arm himself with an order of anticipatory bail. He will have to be interrogated. If it is realised that the petitioner has contumacious responsibility for the offence, then and then alone shall he be arrested. He may be directed to co-operate with the investigators, submits the learned Prosecutor. 5. I have considered all the relevant inputs. I find merit in the opposition by the learned Prosecutor. I am unable to perceive any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must co-operate and help for the proper continuance of the investigation. 5. This application is accordingly dismissed. (R. BASANT) Judge tm