IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 626 of 2009() ---------------------------- CRIME NO.69/08 OF BALUSSERY RANGE, PERAMBRA PETITIONER -------------------- SREEDHARAN, AGED 55 YEARS, SON OF MAYYAN, VELLACHAL, THURUTHIYADU, VIA BALUSSERY, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------- EXCISE INSPECTOR, BALUSSERY, KOZHIKODE DISTRICT. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.626 of 2009 ----------------------------------------- Dated this the 13th February, 2009 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, petitioner was found carrying 5 litres of arrack on 16.12.2008 at about 9.45 am. He could not be arrested from the spot, since he ran away abandoning the article. 3. Learned counsel for petitioner submitted that petitioner was in the hospital in connection with delivery of his daughter. Annexure-1 is issued to petitioner's daughter regarding the delivery from the hospital and it shows that the delivery was on 15.12.2008 at 11.45 p.m. Petitioner himself is an astma patient and he was on treatment for a long time as evidenced by Annexures 2 to 4. Therefore, petitioner cannot even walk properly and the allegations made against petitioner are false. One of the witnesses in the mahazar is a close neighbour, who is on inimical terms to petitioner and he has given a false information, it is submitted. BA.626/09 2 4. This petition is opposed. Learned Public Prosecutor submitted that in the mahazar itself petitioner's details are shown. The witnesses have also signed in the mahazar. The officers have no motive to foist a false case against petitioner and this is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I find that at this stage there is only allegation and counter allegation. Noting could be pointed out as to why the officers should foist a false case against the accused. Only on the basis of Annexures 1 to 4, it may not be proper for me at this stage to make any conclusion in favour of petitioner and hence, I am not inclined to grant anticipatory bail to petitioner. Petitioner is bound to surrender before the Magistrate Court concerned or before the investigating officer. Petition is dismissed. K.HEMA, JUDGE vgs.