IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 7226 of 2008() ----------------------------- CRMP.2952/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO. 178/2008 OF PULINCUNNU POLICE STATION, ALAPPUZHA DISTRICT PETITIONERS/ACCUSED:- ---------------------------------------- 1. ISSAC @ APPACHN,S/O. SAMUEL, AGED 57 YEARS, RESIDING AT KAYALILPARAMPU HOUSE, KAINAKARI KARA, KAINAKARI VILLAGE, ALAPPUZHA. 2. KUNJOOJAMMA, W/O. ISSAC, AGED 52 YEARS, RESIDING AT KAYALILPARAMPU HOUSE, KAINAKARI KARA, KAINAKARI VILLAGE, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENT(S): --------------- STATE OF KERALA, REP. BY S.I. OF POLICE, PULINCUNNU POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7226 of 2008 --------------------------------------------------- Dated this the 27th day of November, 2008. O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 8(2) and 55(a), (g) and (h) of the Abkari Act. According to prosecution, police party got information that illicit distillation of arrack was going on in the house of petitioners. Police party came to the house and found that petitioners were engaged in distillation of illicit arrack. On seeing the police, they ran away. 50 litres of wash, 1.5 litres of arrack and utensils for manufacturing of liquor were seized. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. They were not seen at the place. They were not involved the distillation of arrack, but they are falsely implicated without any basis. 4. Learned Public Prosecutor opposed the petition and submitted that petitioners were found at the scene and they escaped from the scene on seeing the police. This fact is BA 7226/2008 2 mentioned in the mahazar. Their names were also shown in the mahazar and other records and there is no false implication. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. From the bare assertions made that petitioners are innocent, it is not possible to make any conclusion of their innocence, at this stage. Petitioners shall surrender before the Investigating Officer without any delay. Whether they surrender or not police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K. HEMA, JUDGE. mn.