IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 554 of 2008() ---------------------------- CR.NO.221/07 OF KARUNAGAPPALLY EXCISE RANGEL. ............ PETITIONER/ACCUSED ----------------------------------- CHANDRAN, S/O. DAMODARAN, MANAYIL VADAKKETHIL, KOTTAKKUPURAM MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 554 OF 2008 ------------------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations under the Kerala Abkari Act. On 2/12/07 he was allegedly found to be in possession of 10 litres of arrack. He allegedly ran away from the scene of the crime and the Excise party could not apprehend him. His name and his complicity are revealed in the contemporaneous seizure mahazar as also the occurrence report. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has been wrongly and incorrectly arrayed as an accused. In these circumstances, it is prayed that anticipatory bail may be granted to the petitioner. B.A. No. 554 OF 2008 -: 2 :- 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that there are no circumstances warranting or justifying the invocation of the discretion under Sec.438 of the Cr.P.C. All the available indications point to the complicity of the petitioner and there is no reason to assume that the allegations are raised falsely, vexatiously or incorrectly. The petitioner may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail, prays the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. The petitioner, I agree with the learned Public Prosecutor, must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary and normal course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No. 554 OF 2008 -: 3 :- Investigating Officer or the learned Magistrate and seeks 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 and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge