IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 1375 of 2010() ----------------------------- (CRIME NO.13/2010 OF EZHUKONE EXCISE RANGE, KOTTARAKARA) PETITIONER/ACCUSED -------------------------------------- RADHAKRISHNAPILLAI, S/O.GOPINATHAPILLAI, RAJENDRAVILASOM, KADAKKODU.P.O., EDACKIDOM MURI, KAREEPRA VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR, EZHUKODE EXCISE RANGE, KOTTARAKKARA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.1375 OF 2010 -------------------------------- Dated this the 30th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, on 18/02/2010, at about 9 a.m, petitioner was found carrying 30 litres of arrack in two plastic cans in his residential premises. On seeing the excise officials, he ran away, abandoning the article. 3. Learned counsel for petitioner submitted that petitioner is innocent. He has no idea about the incident. Due to political motive and personal grudge, a crime is registered against petitioner. According to petitioner, the allegation is that the article was kept in a shed attached to his building, but, petitioner was not found in possession of the article. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations in the case diary, petitioner was found carrying contraband article. It is not correct to say that the article was seized from the shed, as contended. The case diary reveals petitioner's involvement in the crime. Crime is registered as early as on 18/02/2010. B.A No.1375 OF 2010 2 6. On hearing both sides, I find that the submissions made by the petitioner's counsel are not sufficient to grant anticipatory bail. No materials or circumstances are pointed out to probabalise petitioner's innocence. Considering the serious nature of the allegations made, this is not a fit case to grant anticipatory bail. Petitioner is bound to surrender without delay and co-operate with investigation. Petition is dismissed. K.HEMA JUDGE vdv