IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6874 of 2008() ----------------------------- CRMP.2874/2008 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. CR. NO.45/2008 OF ALAKODE EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- PRAKASAN @ KOCHUNNI, S/O.PRABHAKARAN, KALARICKAL VEEDU, NORTH VELIYANADU MURI, KAVALAM VILLAGE, ALAPPUZHA. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6874 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, on 21-9-2008 at 12 noon while excise party was on patrol duty, they found petitioner sitting in a boat yard and pouring arrack into a bottle from a can. He could not be arrested, but he abandoned the article and ran away. The bottle was seized and on examination, it contained 1.2 litres of arrack. A crime was registered against him under section 8(2) of the Abkari Act. 3. Learned counsel for petitioner submitted that the incident occurred at 12 noon and it is a busy time in a boat yard and many persons will be available in the premises and it is highly improbable that such an incident would occur. Hence, petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the name and details of petitioner are available in the mahazar itself and those details were available to the respondent even at the time of detection of the crime. On the facts of this case, it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I find that nothing is pointed out BA 6874/08 -2- to show that the excise officials are motivated against petitioner to foist a false case against him. It cannot be said, at this stage, without any evidence, that commission of an offence at 12 O' clock in the afternoon in the premises of a boat yard is highly improbable. No evidence is available before this Court to appreciate the contention raised. In a case involving offence under the the Abkari Act, even regular bail cannot be granted, unless petitioner establishes that he is not guilty and he will not repeat the offence. Those conditions are not satisfied in this case and hence question of granting anticipatory bail does not arise. Case was registered as early as on 21-9-2008 and petitioner could not be arrested so far. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest petitioner at any time and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.