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. 1651 of 2008() ----------------------------- CRIME NO.19/08 OF EXCISE RANGE OFFICE, NOORANADU. PETITIONER : ACCUSED ------------------------ RAVEENDRAN SHYLESH BHAVANAM, PUTHUPALLIKUNNAM, NOORANADU, MAVELIKKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED 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. 1651 of 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 10 litres of arrack on 26/2/08. He allegedly took to his heels after abandoning the contraband articles and could not be apprehended. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is prayed that anticipatory bail may be granted to the petitioner. 3. The learned Public Prosecutor opposes the application. No circumstances exist justifying or warranting the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C., submits the learned Public Prosecutor. The learned B.A. No. 1651 of 2008 -: 2 :- Public Prosecutor points out that the contemporaneous records show the complicity of the petitioner. There is no mala fide motive or intention even allegedly for any one to falsely implicate the petitioner. 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that the petitioner must be directed to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1651 of 2008 -: 3 :-