IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6332 of 2008() ----------------------------- CRIME NO. 528/2008 OF VADAKKEKAD POLICE STATION PETITIONER/ACCUSED:- ------------------------------ MANIKANDAN, S/O.SHANMUGHAN, MACHINJHAL HOUSE, P.O.PUNNAYUR, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6332 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, police got information that Indian Made Foreign Liquor was stored for sale in the premises of the tea shop of petitioner and on reaching there on 9- 9-2008 at 9.45 p.m., petitioner was found in possession of 6.750 litres of Indian Made Foreign Liquor. On seeing the police, petitioner ran away from the shop abandoning the article. A crime was registered against petitioner. 3. Learned counsel for the petitioner submitted that on the same day, in the night, petitioner's brother was arrested for abkari offence and a crime was registered as Crime no.527/2008. Some illegal demands were made by police and since they were not heeding to the request, a false case was registered against petitioner alleging that he also committed similar offence on the same day at 9.45 p.m. Petitioner is absolutely innocent and he may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that offence committed by petitioner's brother was at 9 p.m. and a case was BA 6332/08 -2- registered against him and thereafter, a case was registered against petitioner also. But, it is not correct to say that the present case is a false case. 5. On hearing both sides I find that there is only vague allegations that a false case is registered but there are no materials to support the contentions. 6. In the above circumstances in an offence of this nature, I am not inclined to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. mn.