IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Bail Appl..No. 3463 of 2008() ----------------------------- (CRIME NO.4 OF 2004 OF PATHANAMTHITTA EXCISE RANGE) PETITIONER/ ACCUSED ------------------------------------ SASI ACHARY, AGED 55 YRS, S/O.KUTTIYAMMAL, MUTHUKUVIYIL HOUSE, AMBALAKKADAVU PATHANAMTHITTA. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.T.S.ABDUL VAHAB RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR (SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------- Bail Appl.No. 3463 of 2008 ------------------------------------- Dated this the 30th day of May, 2008 ORDER This is a petition for anticipatory bail. 2. The alleged offences are under Section 8(1) and (2) of Abkari Act. According to prosecution, the petitioner/accused was found along with two other persons standing on the road near a hotel. The petitioner was having a glass and a plastic bottle with him. On seeing the complainant, the accused ran away leaving the glass and bottle. On examination, the bottle contained 1 litre of arrack and a crime was registered against the accused. According to learned counsel for the petitioner, the petitioner is falsely implicated in the crime. Except a bare assertion, there is nothing to support the plea of innocence. 3. This petition is opposed. There is nothing to satisfy this Court that the petitioner is not guilty of the offence or that he will not repeat the offence. Hence, it is not a fit case to grant anticipatory bail. This application is dismissed. K. HEMA, JUDGE. Krs. 2