IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 1818 of 2009() ---------------------------------------- C.R. NO.8/2009 OF PARLI EXCISE RANGE, PALAKKAD CRMP.867/2009 of DISTRICT COURT, PALAKKAD .................... PETITIONER/ACCUSED: -------------------------------------- MUKUNDAN, S/O.SANKARAN, AGED 40 YEARS, KUNNAKKAD VEEDU, KIZHAKKUMPURAM DESOM, MANNUR VILLAGE, PALAKKAD TALUK AND DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, PARLI EXCISE RANGE, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. C.M. NAZAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- B.A. No.1818 OF 2009 --------------------------------------- Dated this the 5th day of May, 2009 O R D E R This is a petition for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in C.R.No.8/2009 of Parli Excise Range, Palakkad alleging commission of offence under Section 8(1) of the Abkari Act. 2. The prosecution case in short is that the petitioner was found in possession of 1.250 litres of illicit arrack. According to prosecution, he could not be arrested because on seeing the excise officials, he ran away from the spot absconding materials. 3. I have heard the learned counsel for the petitioner and also the learned Public Prosecutor. 4. Anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioner to surrender before the investigating officer for the purpose of interrogation and also have his application for bail considered by the Magistrate having jurisdiction. Therefore, the petitioner B.A.No.1818 of 2009 2 shall surrender before the investigating officer on any day between 11.05.2009 and 14.05.2009. In the event of such surrender, the petitioner shall be produced before the concerned Magistrate on the same day itself and if an application for regular bail is moved, the same shall be considered by the concerned Magistrate preferably on the same day itself bearing in mind the decision of this Court reported in Sukumari Vs. State of Kerala (2001 (1) KLT 22). Accordingly, the application is disposed of. C.T.RAVIKUMAR JUDGE pac