IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 567 of 2008() ---------------------------- CRIME NO. 168/07 OF MAVELIKKARA EXCISE RANGE PETITIONER/ACCUSED: ------------------------------------ SHIJU V. @ KOCHUVAVA, S/O. VASUDEVAN, VALIYAPARAMBIL THUNDIL, LAKSHMVEEDU COLONY, THEKKEKKARA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, MAVELIKKARA EXCISE RANGE. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 567 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 5 litres of arrack on 22.12.2007. The petitioner was not arrested on that day. Investigation is in progress. He apprehends imminent arrest. The petitioner has yet another case under the Abkari Act also pending against him. 2. The learned counsel for the petitioner submits that the petitioner is innocent and he may be granted anticipatory bail. 3. The learned Prosecutor opposes the application. He points out that all the available indications point convincingly to the complicity of the petitioner. 4. I have considered all the relevant inputs. I find merit in the opposition by the learned Prosecutor. I am unable to find any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. B.A.No. 567 of 2008 2 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 ordinary 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