IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1474 of 2008() ----------------------------- C.R. 4/08 OF CHANGANACHERRY EXCISE RANGE PETITIONER/ACCUSED. ------------------------------------ SUGUNAN, S/O. PADMANABHAN, KOCHUPARAMBIL HOUSE, KURICHY, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.B.PREMOD RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1474 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 1.5 litres and 300 ml of IMFL when he was intercepted on 30.1.08. He took to his heels and could not be arrested. Seizure was effected. The seizure mahazar reveals the complicity of the petitioner. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. His inclusion as accused was on account of a mistaken identity, it is submitted. 3. The learned Public Prosecutor opposes the application. He submits that all the available inputs clearly point to the complicity of the petitioner. He may be directed to surrender and seek regular bail, it is prayed. BA.1474/08 : 2 : 4. The contemporaneous seizure mahazar clearly shows the complicity of the petitioner. There is no reason now to doubt or suspect the contemporaneous seizure mahazar. I am satisfied that the petitioner is not entitled to the invocation of the extraordinary equitable discretion under section 438 Cr.P.C. The petitioner must surrender before the investigating officer or the learned Magistrate and then seek regular bail in the normal and usual course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or 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 appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks