IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 2921 of 2010() ------------------------------------------- CRIME NO.91/2010 OF MALOOR POLICE STATION, KANNUR DISTRICT. ............... PETITIONER (S): ACCUSED; ---------------------------- PURUSHU M.T. @ PURUSHOTHAMAN, S/O.KUNJU, THARIPPAKUNNIL HOUSE, VELLARVALLY AMSOM, KHOTTUMANGHA DESOM, THOLAMBRA P.O., THALASSERY TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2921 of 2010 ----------------------------- Dated this the 19th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, on 27.04.2010 at about 6.P.M., petitioner was found engaged in selling arrack and on seeing the patrol party he ran away. 3. Learned counsel for the petitioner submitted that the petitioner is a rubber tapper by profession and he is having certificate. It is also submitted that he is a worker in congress party and he worked actively in Parliament election in support of a congress leader. Majority of the people in the locality belong to the ruling party and they have enmity towards the petitioner and they falsely foisted the case against the petitioner. He is having viral Hepatitis as evidenced by Annexures 1 and 2 and he is still under treatment, it is submitted. 4. Learned Public Prosecutor submitted that petitioner escaped from the scene, while he was found selling arrack. This B.A. No. 2921 of 2010 2 petition is opposed. On hearing both sides, I find that there is nothing to support the contentions raised by petitioner or to show that this is a case registered under the influence of the political party or due to political rivalry. There are only bare allegations. The mere fact that he is having viral hepatitis alone is not a ground to grant anticipatory bail. This petition is only to be dismissed. Petitioner is bound to surrender before the investigating officer and co-operate with the investigation. Petitioner is directed to appear before the investigating officer within 10 days from today and co-operate with the investigation. Petition is dismissed. K. HEMA, JUDGE ln