IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 4498 of 2008() ----------------------------- C.R.NO.28/06 OF TRIPUNITHURA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SIVADAS, S/O.GOPALAKRISHNAN, 5/510, PYTTUKKAD, PUTHUSSERI, PALAKKAD. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2008, ALONG WITH BA NO. 5424 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4498 of 2008 & B.A.No.5424 of 2008 ----------------------------------------- Dated this the 23rd October, 2008 O R D E R These petitions are for anticipatory bail. 2. Petitioners in BA.4498/08 is the first accused and petitioners in B.A.No.5424 of 2008 are accused 8 and 9 in the crime. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, a lorry was intercepted by the officials and the driver and cleaner, (who is also an agent of the 8th accused) were found in the lorry. The driver was asked to show the documents relating to the vehicle. Driver and cleaner left the place and on search of the lorry, it was found that it contained 10590 litres of spirit. 5th accused was arrested in connection with other case and on investigation, it was revealed that 5th accused had purchased the article from the 7th accused from Bangalore and the 8th accused is the agent, who in turn, entrusted the spirit for transportation to 9th accused, the agent/cleaner and also the driver, first accused. 3. The incident occurred as early as on 10.11.2006 and the crime was also registered on the same day. Petitioners were not available for arrest for the past two years. Learned counsel for BA.4498 & 5424/08 2 petitioners submitted that the petitioners are prepared to surrender. 4. These petitions are strongly opposed. It is submitted by learned Public Prosecutor earlier also, that the same type of transportation of spirit had taken place at the instance of the 5th accused and it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I am fully satisfied that this is not a fit case to invoke jurisdiction under Section 438 Cr.P.C, considering the serious nature of the allegations made. It can also be seen that petitioners were not available for arrest for the past two years and the investigation is at a standstill. Petitioners are directed to surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petitions are dismissed. K.HEMA, JUDGE vgs.