IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4635 of 2008() ----------------------------- CRIME NO.34/08 OF CHALANNUR EXCISE RANGE PETITIONER ----------------- SURESH, S/O.CHEKKINI, PADINJARE PARAMBONA HOUSE, PAVANDOOR POST KAKKOOR, KOZHIKODE BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. EXCISE INSPECTOR, CHELANNUR ESXCISE RANGE, KOZHIKODE . BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4635 of 2008 ----------------------------------------- Dated this the 6th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8 (2) of the Abkari Act. According to prosecution, the petitioner was found in possession of 7 litres of arrack and on seeing the Excise officials, he ran away abandoning the article which was on examination found to be arrack. The case was registered against the petitioner. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. According to him, there was some dispute between one Rajan and Kunhikrishnan in connection with a tree protruding to the property of said Rajan and some damage was caused to the plants. The petitioner believes that at the instance of the said persons, a false case is lodged against the petitioner by the Excise officials. 4. This petition is opposed. As per the case diary, the petitioner's involvement is clearly revealed and petitioner is named in the mahazar itself. 5. On hearing both sides, I do not find any material to support the plea of innocence or even the false implication at the instance of Rajan and Kunhikrishnan. Learned counsel for petitioner was not able to atleast convince the court upon instruction that the said two persons are so influential so as to get a false case lodged against the petitioner by the Excise officials. Petition is dismissed. K.HEMA, JUDGE vgs.