IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6071 of 2008() ----------------------------- CRIME NO. 251/2008 OF MANJESHWAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- ANIL @ ANIL KUMAR, S/O.CHANDU, KAVITHA NILAYA, ANGADIPADAVU, MANJESHWAR VIA KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/ STATE --------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6071 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to the prosecution, an autorickshaw was found parked by the side of the road and on seeing police, petitioner ran away from the scene and he could not be arrested. On enquiries made, it was revealed that petitioner is the owner of the autorickshaw who ran away from the scene. 3. Learned counsel for the petitioner submitted that petitioner has nothing to do with the autorickshaw. He has already sold the vehicle and he was not present at the scene. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the name and details of the petitioner find a place in the F.I.R. itself. Immediately on seeing the petitioner ran away, a search was conducted in the autorickshaw and contraband articles were seized and on enquiry made, it was revealed that petitioner was the person who was found in possession of the contraband article. He is also the owner of the vehicle. 5. On hearing both sides, I am satisfied in the nature of the allegations made, it may not be fit to grant anticipatory bail to BA 6071/08 -2- petitioner, in an offence of this nature. Petitioner's interrogation is required for an effective investigation, especially in the light of the dispute that petitioner is not the owner of the autorickshaw. The incident occurred as early as on 24-6-2008 and petitioner could not be arrested so far. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and make himself available for interrogation and co-operate with the investigation. With this direction petition is dismissed. K.HEMA, JUDGE. mn.