IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1326 of 2008() ----------------------------- CRIME NO.42/07 OF ULIKKAL POLICE STATION .................... PETITIONER : ACCUSED: ------------------------- CHUNDAKUNNEL SHEMEER, S/O.HAMSA, AGED 20 YEARS, STUDENT, RESIDING AT MURINGODI, PERUMPUNNA, P.O., PERAVOOR. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. THE STATION HOUSE OFFICER, ULIKKAL POLICE STATION, ULIKKAL. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1326 of 2008 ------------------------------------------------- Dated this the 4th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the 3rd accused. He was allegedly involved in an attempt to transport 600 packets of arrack each containing 100 ml. He had engaged A1 and A2 – minor children, to get the packets transported in his motor-cycle. He is the registered owner of the motor-cycle. He had allegedly engaged A1 and A2 – minors, with the promise that amounts shall be paid to them. Police intercepted A1 and A2. Final report has been filed in so far as A1 and A2 are concerned. The petitioner has not been arrested yet. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner may now be granted anticipatory bail, it is prayed. B.A. No.1326 of 2008 -: 2 :- 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations against the petitioner are very serious. He has engaged two minor boys for illicit transportation of liquor. At any rate, the petitioner is not entitled for anticipatory bail. He may be directed to surrender before the Investigating Officer or the learned Magistrate and seek regular bail, prays the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that this is a fit case where the petitioner must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. There is a vague statement that the petitioner has to write some examination. No data has been produced to show that the petitioner has to write such examination. If the petitioner has such a case, he can urge the same supported by relevant materials before the court considering the regular bail application. 6. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No.1326 of 2008 -: 3 :- 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