IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7293 of 2008() ----------------------------- CRIME NO. 62/2008 OF UDUMBANCHOLA EXCISE RANGE PETITIONERS 1 AND 2/ ACCUSED 2 AND 3 -------------------------------------------------------- 1. SERBICHAN THOMAS, AGED 37 YEARS, S/O THOMAS, P;ALATHANAM HOUSE, SHOOLAPARA KARA, PARATHODE VILLAGE, UDUMBANCHOLA TALUK, NEDUMKANDAM, IDUKKI DISTRICT. 2. SHIBY THOMAS, AGED 35 YEARS,S/O THOMAS, PALATHANAM HOUSE, SHOOLAPARA KARA, PARATHODE VILLAGE, UDUMBANCHOLA TALUK, NEDUMKANDAM, IDUKKI DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR UDUMBANCHOLA EXCISE RANGE (INVESTIGATING OFFICER IN CRIME NO.62/2008 OF UDUMBANCHOLA EXCISE RANGE) REPRESENTED BY THE HIGH COURT OF KERALA, ERNAKULAM,COCHIN-682031. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7293 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(g) and 8(2) of the Abkari Act. According to prosecution, on 6-11-2008 the Excise officials were on patrol duty and they were informed that certain persons were engaged in manufacture of illicit arrack and accordingly, on reaching spot, they found three persons engaged in manufacture of liquor. The 1st accused was arrested from the spot and accused nos. 2 and 3 ran away. 15360 litres of wash, 135 litres of arrack and utensils for manufacturing of arrack were seized from the spot. 3. Petitioners are accused nos. 2 and 3 in the crime. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. They were implicated by the 1st accused falsely. Petitioners are brothers. There is absolutely no evidence to connect the petitioners with the crime, except an alleged statement of the co-accused. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that in the mahazar itself, the names of petitioners are mentioned and those details were revealed at the spot. They BA 7293/08 -2- were found running away from the spot. Huge quantity of liquor was seized. It is not a fit case to grant anticipatory bail. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that it may not be proper to grant anticipatory bail to petitioners. The bare assertions of innocence may not be sufficient to conclude the innocence of the petitioners. Petitioners are directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.