IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7123 of 2008() ----------------------------- CRIME NO.27/2008 OF PALAKKAD EXCISE RANGE PETITIONERS (S): ACCUSED NO.4 AND 6 -------------------------------------- 1. VIGNESH BABU, S/O. T.K. MADHAVAN, VIKKEY NIVAS, KANNODE, KANJIKKODU, PALAKKAD DISTRICT. 2. DEVAKUMAR, AGED 35 YEARS, S/O. GOVINDAN NAIR, JAYA NIVAS, SATHRAPADY, KANJIKODE, PALAKKAD. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7123 of 2008 --------------------------------------------- Dated this the 4th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. Petitioners are accused nos.4 and 6 in the crime. As per the prosecution case, on 25.6.2008, at about 10 a.m., accused no.1 was found transporting 6080 litres of spirit in a lorry through National Highway. The first accused was arrested from the spot. On questioning the first accused, he confessed that the spirit was brought for the purpose of accused nos. 2 to 6. 3. Learned counsel for petitioners submitted that he may be permitted to withdraw this petition. Learned public prosecutor pointed out that petitioner had made the same submission earlier also and the first anticipatory bail application was dismissed as withdrawn at his request as per order dated 7.10.2008 in B.A.No.5588/08 (vide Annexure A2). It is also submitted that mobile phone call details of petitioners and that of the first accused clearly reveal their connection between each other. The crime was registered as early as on 25.6.2008 and the investigation could not be completed so far since petitioners have not co-operated with investigation. BA No.7123/2008 2 4. On hearing both sides and on going through Annexure A2 order, I find that I had given direction to the petitioners to surrender before the Investigating Officer and co-operate with investigation and make themselves available for interrogation. This order was passed as early as on 7.10.2008 but, petitioners have not complied with the direction. I am satisfied that the intention of petitioners is to abscond and to evade the process of law. It is the duty of the Court to see that the person who evades law surrenders to law. I am not inclined to issue any direction in favour of petitioners since they have disobeyed the direction issued by the Court. I am also satisfied that on the facts of the case, it is not a fit case to grant anticipatory bail. Hence, petitioners are directed to surrender before the Investigating Officer within three days from today and co-operate with investigation. Whether they surrender or not police is at liberty to arrest them and proceed against them in accordance with law. It is also made clear that no further anticipatory bail application from the petitioners will be entertained. With this direction, petition is dismissed. K.HEMA, JUDGE csl