IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Bail Appl..No. 3758 of 2008() ----------------------------- CR.NO.13/08 OF EXCISE INSPECTOR, KUMBALA RANGE PETITIONER/3RD ACCUSED --------------------------------------- ABDUL KHADER, S/O.IBRAHIM, 55 YEARS, BATTIPADAVU HOUSE, KADAMBUR POST, MANJESHWARAM, KASARAGOD DISTRICT. BY ADV. SRI.E.R.VENKATESWARAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KUMBALA RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3758 of 2008 ----------------------------------------- Dated this the 12th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. On the allegation that certain contraband articles to the tune of 240 litres of spirit were seized from the property, which is owned by the petitioner, a crime was registered against the petitioner and others under Sections 55(a) and 64A of the Abkari Act. 3. Learned counsel for petitioner submitted that the only allegation against the petitioner is that the place, from where the articles are seized, belongs to the petitioner. According to him, though property belongs to him, it was handed over to his son-in- law, who is the first accused . 4. Learned Public Prosecutor submitted that there is no material to show that the property is in possession of the son-in-law of the petitioner or that the petitioner had given exclusive possession of the property to the son-in-law. 5. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail to the petitioner. Learned counsel for petitioner submitted that he is prepared to surrender before the Magistrate Court. He may do so, if advised. This petition is dismissed. K.HEMA, JUDGE vgs.