IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2046 of 2009 ------------------------------------ CRIME NO.11/2009 OF MALLAPPALLY EXCISE RANGE,PATHANAMTHITTA PETITIONER/ACCUSED --------------------------------- D.PAPPAN, MADUKKAPPUZHA NADUKKE VEETTIL, EZHUMATTOOR VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT/ COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2046 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The petitioner is the sole accused in Crime No.11 of 2009 of Mallappally Excise Range alleging commission of offences punishable under Sections 55(i) and 67B of the Abkari Act. 2. The allegation against the petitioner is that on 28.3.2009 at about 5.20 p.m. the Excise party found 8 bottles of Indian made foreign liquor having 375 ml. each from the scooter belonging to the petitioner. 3. I have heard learned counsel for the petitioner as also the learned Public Prosecutor. I do not think that the petitioner is entitled for anticipatory bail in a case of this nature. However, I am inclined to permit the petitioner to surrender before the investigating officer for the purpose of interrogation and to have his application for regular bail considered by the Magistrate having jurisdiction. 4. Accordingly, the petitioner shall surrender B.A.No.2046 of 2009 2 before the investigating officer on any day between 11.5.2009 and 14.5.2009 for the purpose of interrogation and recovery of incriminating materials, if any. In the event of such surrender, after interrogation, if required, the petitioner shall be produced before the Magistrate having jurisdiction on the same day itself and the Magistrate shall consider his application for regular bail, if moved, preferably on the same day itself on which it is moved. This application is disposed of as above. C.T.RAVIKUMAR, JUDGE vns