IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2102 of 2008() ----------------------------- C.R.NO. 2/08 OF KUNNAMKULAM EXCISE RANGE .................... PETITIONER/ACCUSED --------------------------- VINCENT @ RAJAN ,AGED 43 YEARS S/O. VAREETH, ARANGASSERY VEETTIL, ALOOR DESOM, ALOOR VILLAGE THALAPPILLY TALUK, THRISSUR DISTRICT BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.SABU SREEDHARAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2102 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under the Kerala Abkari Act. He was allegedly found to be in possession of 15 litres of arrack on 4.3.2008. He allegedly abandoned the contraband article and took to his heels. He could not be apprehended. Investigation is in progress. He apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He suffers from a strange disease. Arrest and incarceration would cause great prejudice and hardship to the petitioner. In these circumstances he may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor opposes the application. He submits that the petitioner may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the usual and normal course. B.A.No. 2102 of 2008 2 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. The illness of the petitioner can be urged before the learned Magistrate to support his prayer for grant of regular bail. I find no features in this case, which would justify the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm