IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 4905 of 2008() ----------------------------- CRIME NO.28/08 OF CHITTAR EXCISE RANGE PETITIONER -------------------- KARUNAN, AGED 42 YEARS, S/O VASUDEVAN, ANJALI BHAVANAM,KOTTAMONPARA, PTHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE EXCISE INSPECTOR, CHITTAR EXCISE RANGE, 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OFKERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4905 of 2008 ----------------------------------------- Dated this the 15th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, 5 litres of arrack were found in the kitchen of the house belonging to the petitioner, on 15.7.2008. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. No contraband articles were seized from his possession. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that according to the materials in the case diary, it is not a mere seizure from the kitchen of the house of the petitioner, but the petitioner was also found at the scene and he took to his heels, on seeing the Excise party and hence, his name was mentioned in the occurrence report itself and it is not a fit case to grant anticipatory bail. BA.4905/08 2 5. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail. The incident occurred as early as on 15.7.2008 and the petitioner could not be arrested so far. Petitioner is directed to surrender before the investigating officer or Magistrate Court within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.