IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 307 of 2009() ---------------------------- CR.NO.65/08 OF UDUMBANCHOLA EXCISE RANGE PETITIONER -------------------- SIVADAS @ SIVARAMAN , S/O. VASU, MANAKKATTUSSERIL HOUSE, UDUMBANCHOLA KARA, UDUMBANCHOLA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 307 of 2009 ----------------------------------------- Dated this the 30th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner was found in possession of 15 litres of arrack on 18.11.2008 and on seeing the Excise officials, petitioner ran away abandoning the articles. 3. Learned counsel for petitioner submitted that petitioner is falsely implicated in this case. It is submitted that a Preventive Officer was having enmity towards petitioner and petitioner had filed a complaint, Annexure-A, before the Assistant Excise Commissioner. Thereafter, petitioner is falsely implicated at his instance in an abkari offence. Petitioner is a law abiding citizen and he is running a small scale industry. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the Excise officials came to the house of accused only on getting a definite information. While BA.307/09 2 they were on patrol duty, the jeep was stopped by a person and the officials were informed that petitioner was carrying arrack to his house. On reaching the house, they found the petitioner trying to hide the article in the house and he ran away and hence, he could not be arrested. It is pointed out that Annexure-A complaint does not relate to any of the officials, who had conducted offence in this case. It was in respect of a Preventive Officer at Nedungandom, but the present case is registered by Udumbanchola Excise Range. Annexure-A complaint is dated 2.3.2006 and we are in 2009. 5. On hearing both sides, on a mere assertion that petitioner is falsely implicated, it is not possible to come to a conclusion that this is a false case. Considering the nature of allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. The crime is registered as early as on 18.11.2008 and petitioner is required for investigation. Petitioner is directed to surrender before the investigating officer or the Magistrate Court BA.307/09 3 concerned and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.