IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3035 of 2010() ----------------------------- CRMP.1528/2010 of DISTRICT COURT, PALAKKAD .................... (CRIME NO.20/2010 OF AGALI EXCISE RANGE) PETITIONER/ACCUSED -------------------------------------- DANDAPANI @ PAZHANISWAMY, S/O.KUMARASWAMY, KOVILPALAYAM HOUSE, NARASIMUKKU, AGALI VILLAGE, MANNARKKAD TALUK. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, AGALI EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3035 OF 2010 -------------------------------- Dated this the 22nd day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(d), 55(e) and 58 of the Abkari Act. According to prosecution, petitioner was found in possession of 3.5 litres of toddy from the coconut garden of petitioner himself. Seeing the excise party, petitioner ran away abandoning the article. 3. Learned counsel for petitioner submitted that the place of occurrence is petitioner's coconut garden. Petitioner is not required for any custodial interrogation and hence, anticipatory bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was found in possession of toddy in contravention of provision of Abkari Act. There is no ground to grant anticipatory bail. 5. On hearing both sides, considering the serious nature of the allegations made, in the absence of anything to probabalise petitioner's innocence, I find this is not a fit case to grant anticipatory bail. The mere fact that custodial interrogation may not be necessary is not a ground to grant anticipatory bail. Petition is dismissed. vdv K.HEMA, JUDGE