IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6458 of 2008() ----------------------------- CRMP.3056/2008 IN CRIME NO.42/2008 OF ALATHUR EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SEKHARAN ALIAS KANNAN, AGED 35 YEARS, S/O VELAYUDHAN, NAVILANKULAB HOUSE, ERIMAYOOR P.O., ALATHUR, PALAKKAD. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUZHALMANNAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6458 of 2008 ------------------------------------------------- Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner was found carrying arrack in a can on 10.9.2008 and on seeing the Excise Officials, he ran way, abandoning the article. The article was found to be 10 litres of arrack and on search of the premises, another 10 litres of arrack were found in the bushes and hence, the case was registered against him. 3. Learned counsel for the petitioner submitted that petitioner was not arrested from the spot. As per the allegations, he ran away from the spot. The Excise Officials could not have identified the petitioner as there was a distance of 50 mtrs. between the accused and the Excise Officials. It is also pointed out that even if the allegations are accepted, the petitioner's liability will be limited to 10 litres of arrack. In such circumstances anticipatory bail may be granted to the petitioner, BA No.6458/08 2 it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner was identified by the Excise Officials and on enquiry made to other person also, it was confirmed. The petitioner is the accused and the case was registered against the petitioner showing all his details in the occurrence report itself. 5. On hearing both sides, I am satisfied that in an offence of this nature, it is not proper to grant anticipatory bail, especially since the innocence of petitioner is not established. The mere denial is not sufficient to probablise the innocence. I am satisfied that no ground exists to grant anticipatory bail. The incident happened on 10.9.2008 and petitioner was not available for arrest so far. Hence, petitioner is directed surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl