IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 1901 of 2010() ----------------------------- (CRIME NO.73/2010 OF AMBALATHARA POLICE STATION, KASARAGOD DISTRICT) PETITIONER/ACCUSED -------------------------------------- PAVITHRAN. AGED 42 YEARS, S/O. AMBADI,PARALAM, ATHIKANDAM, THAYANOOR.P.O., KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE AMBALATHARA POLICE STATION. REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.1901 OF 2010 -------------------------------- Dated this the 16th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(a)&(g) of Abkari Act. According to prosecution, police got information that distillation of illicit arrack was going on in the property of petitioner's second wife. On reaching the spot on 07/03/2010, petitioner was found carrying a can and on seeing the police, he abandoned the article and ran away. A search was conducted in the premises and 1 litre of illicit arrack and 34 litres of wash used for the manufacture of arrack were seized from the spot. Petitioner could not be arrested since he ran away. 3. Learned counsel for petitioner submitted that petitioner was not even present on the spot when the incident allegedly happened. No article was seized from his possession. But, he is falsely implicated in the case. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's name is mentioned in the Mahazar itself. He ran away and hence he could not be arrested. He was found carrying a can and it was found to contain contraband article. B.A No.1901 OF 2010 2 5. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner has not made out any exceptional circumstance to grant anticipatory bail. Petitioner is bound to surrender before the Investigating Officer and co- operate with investigation. Petition is dismissed. K.HEMA JUDGE vdv