IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 118 of 2009(F) ----------------------------------- CR NO.25/2008 OF CHANGANACHERRY EXCISE RANGE PETITIONER/ACCUSED : ----------------------------- ANIYAPPAN, AGED 52 YEARS, S/O. LATE SATHRUGNAN, THAIPARAMBIL HOUSE, POOVAM POST, CHANGANACHERRY. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS/STATE AND COMPLAINANT : ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, EXCISE RANGE, CHANGANACHERRY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.118 OF 2009 ---------------------------- Dated this the 28th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 58 of Abkari Act. According to prosecution, 10 litres of illicit liquor was seized from the house of petitioner and a case was registered against him on 13.12.2008. 3. Learned counsel for petitioner submitted that petitioner has not committed any offence as alleged. The wedding of the daughter of his brother was fixed and the invitation card is Annexure A1 and for that purpose, some liquor was stored but the petitioner has nothing to do with the liquor. Petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that illicit liquor was seized from the house of petitioner and petitioner is accountable for such possession. Considering the nature of offence, it is not a fit case to grant anticipatory bail, it is submitted. B.A.No.118 of 2009 2 On hearing both sides, I do not find any reason to grant anticipatory bail in a case of this nature. Petitioner is at liberty to take up the same contentions before the Magistrate court concerned at the time of filing application for bail under Section 437 Cr.P.C., in which event, the bail application shall be disposed of untrammelled by any of the observations, if any, made by this court on merit. Petitioner shall surrender before the Investigating Officer or before the Magistrate court concerned without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac