IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Bail Appl..No. 5082 of 2008() ----------------------------- CRIME NO. 41/2008 OF BALUSSERY EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- MOOTHORAN, S/O.RAMAN, AGED 45 YEARS, KAPPIKUNNUMMAL HOUSE, KANTHALAT AMSOM, DESOM OF KOYILANDY TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, THAMARASSERY POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. STATION HOUSE OFFICER, THAMARASSERY POLICE STATION IS CORRECTED AS “EXCISE INSPECTOR, BALUSSERY EXCISE RANGE” AS PER ORDER DATED 18-8-2008 IN CRL.M.A.NO.4406/2008. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5082 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, on 6-7-2008 at about 6.30 a.m. the accused was found carrying 10 of litres of arrack in a can and on seeing the Excise party, he ran away abandoning the article. 3. Learned counsel for the petitioner submitted that it is improbable that accused will act in the manner as alleged by the prosecution. It is also submitted that it is only to satisfy monthly statistics that this crime is registered. Nothing more is stated by the learned counsel for the petitioner to establish or probabilise petitioner's innocence. 4. The application is opposed. Learned Public Prosecutor submitted that even in the mahazar prepared at the spot, name and details of the petitioners were shown. He is known to the Excise officials and he was identified by them 5. On hearing both sides, at this stage, it cannot be said BA 4720/08 -2- that the allegations are improbable. There is no ground warranting invocation of section 438 Cr.P.C. The application is dismissed. K. HEMA, JUDGE. mn.