IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7602 of 2008() ----------------------------- (CRIME NO.395/01 OF NOORNAD POLICE STATION) PETITIONER: -------------------- ANIYAN KUNJU DANIEL, KADAMBASSERIL, KOTTAKKATTU MURI, THAMARAKULAM VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): --------------- STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No.7602 of 2008 --------------------------------------------------- Dated this the 9th day of December, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 8(2) and 55(a) of the Abkari Act. According to prosecution, 25 litres of spirit were seized from the house of first accused. On investigation, it is revealed that spirit is kept by both first and second accused in the crime. Petitioner is the 2nd accused in the crime. 3. On hearing both sides, it is clear that petitioner was already granted bail by this Court, as per Annexure-A order dated 4.12.2001. In spite of lapse of seven years, trial could not be proceeded with since accused was not available. Petitioner is now required for arrest in execution of non-bailable warrant issued by the court. Necessarily, the arrest is required, for ensuring presence of accused before the court below. It cannot be said that arrest in this case is apprehended on accusation of commission of non-bailable offence. The arrest apprehended has [B.A.No.7602/2008] 2 no direct nexus to the nature of offence committed. Hence, anticipatory bail cannot be granted. Petitioner may seek his remedy elsewhere. On the facts of this case also, I am not inclined to grant anticipatory bail to petitioner, who is an alleged absconder for a period of 7 years. Petitioner shall surrender before the court concerned without any delay. With this direction, petition is dismissed. K. HEMA, JUDGE. Krs.