IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1930 of 2008() ----------------------------- CRIME NO.14/2008 OF ADOOR EXCISE RANGE PETITIONER/ACCUSED ----------------- RAMANAN, AGED 45 YEARS, S/O.DAMODARAN DIVYA BHAVANAM, PALLICKAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: ------------- 1. THE EXCISE INSPECTOR, ADOOR EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1930 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 5 litres of arrack on 4/2/2008. He is the sole accused. He abandoned the articles and ran away. Investigation is in progress. The petitioner apprehends imminent arrest. The petitioner has other cases under the Kerala Abkari Act also registered against him, submits the learned Public Prosecutor. 2. The learned Public Prosecutor opposes the application for anticipatory bail. The learned Public Prosecutor points out that the contemporaneous documents show the complicity of the petitioner clearly. At any rate, the petitioner may be directed to surrender before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor. 3. 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.1930/08 2 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. 4. 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.1930/08 3 B.A.No.1930/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007