IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6978 of 2008() ----------------------------- CRIME NO. 42/2008 OF BALUSSERY EXCISE RANGE PETITIONER (S): ACCUSED: -------------------- DILEEP.K.K., AGED 29 YEARS S/O.KELU, KAPPIKKUNNUMMEL HOUSE, KANNADI POYIL, KANTHALAD AMSOM,, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- THE EXCISE INSPECTOR, BALUSSERY EXCISE RANGE, KOZHIKODE, REP. BY THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6978 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner (A1) and another person were tying some article at the back side of a motor cycle and on seeing Excise officials, they ran away. On search, it was found that the article on the bike was illicit arrack. Quantity was 35 litres. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. As per prosecution case, the name and address of the accused were not revealed. Petitioner was working in Karnataka on the day and time of the incident. The R.C. owner of the vehicle was not so far made an accused. No steps are taken by the Investigating Officer to implicate the R.C. owner. In such circumstances, anticipatory bail may be granted to petitioner, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the Excise officials had identified petitioner as the person who ran away from the place of occurrence and his details are shown in the mahazar itself, which was prepared from BA 6978/08 -2- the spot. The investigation is in progress but the petitioner and other person could not be arrested so far. The crime was registered as early as on 25-7-2008 and petitioner is not co- operate with the investigation. 5. On hearing both sides, considering the serious nature of allegations made, I find that this is not a fit case to grant anticipatory bail. Learned counsel for petitioner has not pointed out any reason for the Excise officials to falsely implicate petitioner in an offence of this nature. Though plea of alibi is raised, no materials are produced to establish the same. It is true that Investigating Officer has not taken any steps to trace out the R.C. owner. The omission on the part of the Investigating Officer alone cannot be made a ground to grant anticipatory bail. Petitioner is directed to surrender before the Investigating Officer 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. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.