IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2289 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1807/2009 Dated 07/04/2009 CRIME NO.401/09 OF PALARIVATTOM POLICE STATION PETITIONER,ACCUSED. --------------------------------------- JOSE A.O., S/O.OUSEPH, AGED 32 YEARS, ALAPPATT PONTHEKKAL, LALUR P.O., ELTHURUTH,THRISSUR. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): --------------- THE STATION HOUSE OFFICER, PALARIVATTOM POLICE STATION,ERNAKULAM REP. BY THE PUBLIC PROSECUOTR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2289 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R This is a petition for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. 2. Petitioner is an accused in Crime No.401 of 2009 of Palarivattom Police Station, alleging commission of offence punishable under Section 55(a) of the Abkari Act. Petitioner contends that his role is only that he introduced the party to the R.C owner. However, it is a fact that the vehicle is involved in transportation of illicit spirit. In the circumstances, the petitioner cannot claim absolute ignorance. At any rate, in a case of this nature, I am not inclined to grant anticipatory bail. However, considering the nature of allegations against the petitioner, he can be permitted to surrender before the investigating officer for the purpose of getting his regular bail moved and considered by the concerned Magistrate. For that purpose, the petitioner shall surrender before the investigating officer on any day between 18.5.2009 and 20.5.2009. In case of such surrender, he shall be produced BA.2289/09 2 before the Magistrate concerned by the investigating officer on that day itself and in case he moves an application for regular bail, the concerned Magistrate shall consider the same in accordance with law, preferably on the same day on which it is moved. Petition is disposed of accordingly. C.T.RAVIKUMAR, JUDGE vgs.