IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 739 of 2009() ---------------------------------------- (CRIME NO.2/2009 OF KARUNAGAPPALLY EXCISE RANGE) PETITIONER(S): -------------------------- SATHYAN, S/O. SADASIVAN, NARIKKATTUTHARAYIL, PAVUMBATHEKKUMURIYIL, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV.MR.A.AHZAR RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE EXCISE INSPECTOR, EXCISE RANGE , KARUNAGAPPALLY. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. -------------------------------- B.A. No.739 OF 2009 -------------------------------- Dated this the 17th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(g) of Abkari Act. According to prosecution, petitioner was found transporting 35 litres of wash on 03.01.2009 at about 5.30 p.m. Petitioner abandoned the article and escaped and on search of the premises, 6 more cans containing wash were seized. The total quantity involved is 245 litres of wash. Petitioner could not be arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. No witness stated that petitioner is the person, who is involved. Petitioner could not be arrested from the spot and hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that from the spot itself, enquiry were made and petitioner's identity was revealed and petitioner's name and other details, find place in the mahazar itself and the case was B.A.No.739 of 2009 2 also registered against petitioner. It is not correct to say that petitioner is innocent. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner is bound to surrender and co-operate with the investigation. The crime is registered as early as on 03.01.2009. Hence, the following order is passed :- i) Petitioner shall surrender before the investigating officer or before the Magistrate court concerned 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. ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac