IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 7793 of 2008() -------------------------------------- Crime No. 25 of 2007 of Cherpulassery Excise Range -------------------- PETITIONER/ ACCUSED : ------------------------------------ 1. SUKUMARAN, S/O UMMIN RAMAN, AGED 55 YRS, CHERKULAM, THEKKUMMURI, CHERPULASSERY,OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. M.RAJAN,S/O.NARAYANAN,AGED 32 YEARS, MANGALASSERY, PANNIYAMKURUSSI, CHERPULASSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. C.K.MOHANDAS, S/O.RAVUNNI, AGED 26 YRS, CHOORAKKAL, KARAIMANNA, CHERPULASSERY,OTTAPALAM TALUK, PALAKKAD DISTRICT. 4. DILEEP, S/O KUTTINARAYANAN, AGED 32 YRS, VALIYA PARAMBIL HOUSE, CHERUKATTUPULAM POST, VANIAMKULAM, OTTAPALAM TALUK. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS: COMPLAINANTS ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. 2. THE EXCISE INSPECTOR, CHERPULASSERY. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No.7793 OF 2008 ~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of January, 2009 ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 57 (a) (1) (3) of the Abkari Act. According to prosecution, toddy was seized from the toddy shop and on chemical analysis, it was found to contain diazepam, a psychotropic substance. The first accused is the manager of the toddy shop and the other accused are licencee of the said shop and a crime was registered against them. 3. The learned counsel for petitioners submitted that seizure was effected on 24.10.2007 and the investigation is almost over. It is not necessary that petitioners be arrested and hence anticipatory bail may be granted, it is submitted. It is also submitted that petitioners surrendered before the investigating officer, as per the direction of this court in the order dated 12.12.2007 in B.A. No. 7656 of 2007 (vide Annexure B) but they were not arrested. Therefore, they have filed this application for anticipatory bail 4. Learned public prosecutor opposed this application and submitted that allegations made against the petitioners are serious in nature and they are required for interrogation to find the source of the B.A. No. 7793 of 2008 : 2 : adulterated toddy and hence their interrogation is essential. But they did not surrender before the investigation officer, even though there was direction as per Annexure B. Hence it is not a fit case to grant anticipatory bail, it is submitted. It is also pointed out that this Court considered the very same contention raised by the petitioners and found that there are no features in this case to invoke Section 438 of Cr.P.C. 5. On hearing both sides and on going through Annexure B order, I find that petitioners have taken up very same contentions and another bench of this Court, after considering the contentions held that “there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C.” and that “ this is a fit case where the petitioners must appear before the investigating officer or learned Magistrate having jurisidction and then seek regular bail”. On hearing both sides, I do not find any reason to come to a different finding at this stage. Crime was registered as early in the yea 2007. Though Annexure B order was passed on 12.12.2007, the petitioners have not reported before the Investigating Officer, it is submitted by learned public prosecutor. Taking all these facts into consideration I find no reason to why anticipatory bail should be granted in this case. B.A. No. 7793 of 2008 : 3 : i. I make it clear, the police is at liberty to arrest the petitioners and proceed in accordance with law. ii. Further application for anticipatory bail by the petitioners in this crime will not be entertained. The petition is dismissed. (K. HEMA, JUDGE) KMD