IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6800 of 2008() ----------------------------- CRIME NO. 337/2007 OF KEEZHVAIPUR POLICE STATION PETITIONER/ACCUSED -------------------------------------- MANIKUTTAN, S/O.PONNEN, MUNDAPLAKKAL HOUSE, CHENGAROORCHIRA, KUNNANTHANAM. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6800 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, on 24-12-2007 at about 5.15 p.m. petitioner was found in possession of 1 ½ litres of illicit arrack and on seeing the police, he ran away abandoning the article. Hence, crime was registered against him. 3. Learned counsel for petitioner submitted that the article involved is only 1 ½ litres of arrack. Committal proceedings are going on and charge-sheet has been laid and hence, anticipatory bail may be granted. 4. On hearing both sides, I do not find that facts submitted by learned counsel for petitioner are sufficient to invoke extra ordinary power under section 438 Cr.P.C. to grant anticipatory bail. It appears from the submissions made that petitioner might have been absconding and he had not co-operated with the investigation. He has not appeared in the committal proceedings also and necessarily, warrant would have been issued. This is specially so, since learned Public Prosecutor submitted that the charge sheet has been laid, as early as on 10-2-2008. In such BA 6800 /08 -2- circumstances, I find no reason to grant anticipatory bail. The committal proceedings could not progress because of petitioner's absence. Hence, petitioner is directed to surrender before the Magistrate court concerned without any delay and co-operate with the committal proceedings. Whether he surrenders or not, respondent is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.