IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 620 of 2008() ---------------------------- CRIME 11/08 OF KELAKAM POLICE STATION, THALASSERY .................... PETITIONER/ACCUSED: ------------------------------------ PUTHIYAVEETTIL RAVEENDRAN, S/O. KUNHIKANNAN, AGED 44 YEARS, MANATHANA AMSOM AND PERAVOOR DESOM OF THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY S.H.O., KELAKAM POLICE STATION, THALASSERY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 620 OF 2008 B ```````````````````````````````````````````````````` Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to engage himself in the illicit activity of sale of liquor without the requisite licence/permission. The police party, on receipt of prior information, reached the scene of the crime where the petitioner runs a cool bar on 12.1.08. The petitioner allegedly abandoned 7 litres of IMFL in his possession and took to his heels. The petitioner could not be arrested. Crime was registered on 12.1.08. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The allegation raised against the petitioner is that he was found to keep liquor in excess of the prescribed quantity. At any rate, the allegation BA.620/08 : 2 : under section 55(i) will not be justified. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. He submits that all available indications suggest that the petitioner had kept IMFL in his custody not for his own personal use but only for the purpose of sale as alleged by the prosecution. In any view of the matter, the petitioner may be directed to surrender and seek regular bail. There are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under section 438 Cr.P.C., submits 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 would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned BA.620/08 : 3 : Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks