IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3941 of 2008() ----------------------------- CRIME NO.396/08 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED ----------------------------------- HASHIM @ HASHIM CHERKALA, AGED 32 YEARS, S/O.ABDUL KHADER, CHERKALA, CHENGALA POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.396 OF 2008 OF KASARAGOD POLICE STATION) KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3941 of 2008 ----------------------------------------- Dated this the 20th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the petitioner was found transiting 1400 packets of Karnataka arrack each containing 100 ml in a car. On seeing the police, the accused ran away. 3. Learned counsel for petitioner submitted that the petitioner was implicated due to a mistake. The petitioner's name and the name of the accused is the same. But the petitioner was in the hospital in connection with his wife's delivery. Documents are produced to show that the petitioner's wife has undergone caesarean on 26.5.2008 and she delivered a baby. Therefore, it is highly improbable that the petitioner would commit an offence as alleged, it is submitted. 4. Learned Public Prosecutor submitted that the petitioner is previously known to the Sub Inspector of Police and there cannot be any mistaken identity. The plea of alibi is not established by the petitioner. This petition is opposed. 5. On hearing both sides, I find that it is not a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE vgs.