IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1379 of 2008() ----------------------------- CRMP.297/2008 of ADDL.DISTRICT COURT,KOTTAYAM CR.NO.5/2008 OF EXCISE RANGE, KANJIRAPPALLY .................... : PETITIONER/ACCUSED --------------------------- SAJI EAPEN, AGED 41 YEARS, S/O. EAPEN, ELAVATHINKAL VEETTIL, PUTHEN CHANTHA, ERUMELY NORTH VILLAGE, KANJIRAPPALLY TALUK. BY ADV. SRI.SUJITH MATHEW JOSE RESPONDENTS: ------------- EXCISE INSPECTOR, KANJIRAPPALLY RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1379 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for anticipatory bail. The petitioner was allegedly keeping in his possession 12.660 litres of arrack on 4/2/2008. When the excise parties reached the scene, the petitioner allegedly took to his heels. The excise party in which there were seven members, could not allegedly apprehend him. The contemporaneous seizure mahazar reveals the complicity of the petitioner. The petitioner has not been arrested yet. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. False allegations are being raised against the petitioner vexatiously. The petitioner was earlier arrested in another case. In that case, this court had granted him regular bail. The petitioner had gone to the excise office to comply with the directions in the bail order. There were some exchange of words between the petitioner and one of the excise officials on that day. Actuated by mala fides and animosity on account of such incident, false allegations are now being raised against the petitioner. The petitioner have come to B.A.No.1379/08 2 this court earlier to quash the proceedings initiated against him. Because of the animosity which existed between the parties, in such petition further false allegations were raised that the petitioner is the kingpin in that area. It is submitted that the petitioner is absolutely innocent. He may now be granted anticipatory bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances to suspect or doubt the case of the excise officials. The fact that the petitioner was not apprehended at the scene is no reason to assume that the petitioner was not the miscreant in this case. The antecedents of the petitioner is also against him. He is involved in earlier crimes also, it is pointed out. In any view of the matter, the learned Public Prosecutor prays that the petitioner may be directed to surrender before the learned Magistrate and seek regular bail. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public B.A.No.1379/08 3 Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1379/08 4 B.A.No.1379/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007