IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 7751 of 2008() ----------------------------- CRIME NO.464/08 OF VALIYATHURA POLICE STATION PETITIONER -------------------- JOSEPH DELLUS, AGE 52, S/O. DENNI, CHELANTHIMOODU HOUSE, KOCHUTHOPE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7751 of 2008 ----------------------------------------- Dated this the 20th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 55(a) and (h) of the Abkari Act. According to prosecution, first accused was found in possession of 28.120 litres of Indian made foreign liquor on 11.11.2008 and he was arrested from the spot. On investigation, it is revealed that accused 2 to 4 entrusted the said article to the first accused for sale. 3. Petitioner is second accused in the crime. Learned counsel for petitioner submitted that the only allegation as per the prosecution case is that petitioner gave a glass to first accused. But, it will not constitute any offence and hence, anticipatory bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, the information received is that accused 2 to 4 have given the contraband article to first accused for the purpose of sale and the said fact is BA.7751/08 2 investigated into. Therefore, it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I am satisfied that it may not be proper to grant anticipatory bail to petitioner, when a crucial allegation is being investigated into, since it is likely to affect investigation adversely. Petitioner is required for interrogation. Hence, petitioner is directed to surrender before the investigating officer 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. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.