IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 5048 of 2008() ----------------------------- CRIME NO.26/2008 OF KUMBLA EXCISE RANGE. PETITIONER : ACCUSED: ------------------------- RAMACHANDRAN, AGED 30 YEARS, S/O.NARAYANA MOVARI, RESIDING AT SOUBHAGYA NILAYAM, THANIYANPALLA, NEERCHAL VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT; ------------------------- STATE OF KERALA, THROUGH EXCISE INSPECTOR KUMBLA RANGE, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5048 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2008 O R D E R Application for anticipatory bail. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, petitioner was found in possession of ten litres of arrack and on seeing the Excise party, he ran away abandoning the can containing the article. A case is registered against the petitioner under section 55(a) of the the Abkari Act. The incident happened on 29-7-2008. 3. Learned counsel for the petitioner submitted that petitioner was not arrested from the spot. Hence, he may be granted anticipatory bail. 4. The application is opposed. Learned Public Prosecutor submitted that the petitioner could not be arrested, only because he ran away from the scene, but he was identified from the spot itself and his name was shown in the documents which were prepared at the initial stage itself. 5. On hearing both sides, I am satisfied that in a case involving an offence under the Abkari Act, bail cannot be granted, unless the petitioners establishes his innocence. But, in this case the petitioner is not able to substantiate his innocence. Hence, anticipatory bail cannot be granted. The application is dismissed. K. HEMA, JUDGE. mn.