IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 5266 of 2008(E) ------------------------------------- CR.NO.30/2008 OF EXCISE RANGE OFFICE, PALAKKAD PETITIONER/ACCUSED : ----------------------------- K.M.ASHRAF, S/O.ABOOTTY, 8/112, KONNI HOUSE, NEERVELI PO., KANNUR BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE : ------------------------------------------------ 1. CIRCLE INSPECTOR OF EXCISE, PALAKKAD EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5266 OF 2008 ------------------------------ Dated this the 1st day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to the prosecution, 8547 litres of spirit were found in a lorry owned by the petitioner and the articles were seized. The driver and another person found in the lorry were arrested on 13.07.2008. The petitioner is accused No.4. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. The driver, who is his neighbour, wanted his lorry, stating that a trip has to be taken to Bangalore and Rs.10,000/- will be given for the same. Accordingly, the lorry was given to him on 30.06.2008 but it was not given back. Therefore he believed that the lorry would have been dismantled and he filed a complaint before the Sub Inspector of Police, Mattannur police station on 26.07.2008. The copy of the petition is filed as Annexure II. 4. This petition is opposed. Learned Public Prosecutor B.A.5266/2008 2 submitted that the petitioner cannot exonerate himself from the liability by merely stating that the lorry was given to another person and that he had used the same for the offences etc. Criminal liability can be fastened on him, if any contraband article is seized from the lorry belonging to him. Annexure II complaint has been registered as a petition, as per instructions received, but the person against whom the petition is filed is not available at his house, it is submitted. On hearing both sides, I find that the petitioner, admittedly petitioner is the owner of the lorry, and hence he cannot absolve from his liability by merely stating that it was given to another person and he refused to return etc. at this stage. The interrogation of petitioner will be required, without granting anticipatory bail since several facts which may be within the exclusive knowledge of the petitioner will have to be ascertained for the purpose of an effective investigation. The petition is dismissed. K.HEMA, JUDGE pac