IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1687 of 2008() ----------------------------- CRIME NO.3/07 OF BADIADKKA EXCISE RANGE PETITIONERS/ACCUSED: ------------------------------------- JAYAMON, S/O. JANARDHANAN, KASARAGODE TALUK, KARADUKKA VILLAGE, MULIYAR VIA., KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE EXCISE INSPECTOR, BADIADKKA RANGE, KASARAGODE. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1687 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application anticipatory bail. The petitioner faces indictment in a prosecution under the Kerala Abkari Act. He was allegedly found to be responsible for possession of 300 x 100 ml. of arrack in packets. Recovery was effected on 1.2.2007. He has not been arrested so far. Investigation is in progress. The petitioner apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. He was not in any way responsible for the contraband article seized. He may, in these circumstances, be granted anticipatory bail to save him from the undeserved trauma of arrest and detention, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that all the available inputs point to the complicity of the petitioner. There is absolutely no justification in the prayer to invoke the discretion under Section 438 Cr.P.C. The petitioner B.A.No. 1687 of 2008 2 may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the usual course, submits the learned Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. This, I agree with the Prosecutor, is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm