IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 166 of 2009 ------------------------------------ (CRIME NO. 334/2008 OF MEENANGADI POLICE STATION, WAYANAD DISTRICT) .................. PETITIONER/ ACCUSED: ----------------------------------- T.O.JOHNY, S/O.OUSEPH, AGED 57 YEARS, THEKKINIYATH HOUSE, NORTH KALPETTA PO, WAYANAD. BY ADV. MR. NIREESH MATHEW. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEENANGADI POLICE STATION, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. BY PUBLIC PROSECUTOR M.R. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 166 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 11th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, 1,702 litres of spirit and 30 litres of toddy mixed with spirit were seized from the possession of 1st accused on 24-12-2008. On investigation, it is revealed that the spirit was supplied by 2nd accused who is the licensee of the toddy shop. Accused nos. 3 to 8 have given financial assistance to 2nd accused. Accused nos. 9 to 13 are employees of accused nos. 3 to 8. Accused nos. 14 to 17 are persons who have received toddy mixed with spirit from 2nd accused. 3. Petitioner is 4th accused. According to petitioner, he is absolutely innocent of the allegations made. Petitioner is a retired Excise Inspector and he has not committed any offence. He is implicated with mala fides to wreck vengeance. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made against petitioner are serious in nature and petitioner is required for investigation. 5. On hearing both sides, I am satisfied that considering the nature of allegations made, this is not a fit case to grant BA 166/09 -2- anticipatory bail. Petitioner has to seek remedy, available to him in the ordinary course. Hence, the following order is passed:- 1) Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court, since on the facts in this case, this Court ordered that this is not a fit case to grant anticipatory bail and any order to the contrary in any subsequent anticipatory bail application will amount to review, which is impermissible in law. The petition is dismissed. K.HEMA, JUDGE. mn.