IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2565 of 2010() -------------------------------------- CR. NO. 205/01 OF MANJESHWAR POLICE STATION. CP.173/2004 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED -------------------------------------- SUNIL KUMAR,S/O.SUNDARA,DEEPA NIVAS, UPPALA.P.O,KASARAGOD. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE ADDITIONAL SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2565 OF 2010 ----------------------------------- Dated this the 28th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under section 55(a) of Abkari Act. According to prosecution, petitioner was found in possession of 192 bottles (each containing 375ml.) of Indian made foreign liquor, which was kept in an autorickshaw. Petitioner escaped from the scene and could not be arrested. 3. learned counsel for petitioner submitted that petitioner is innocent of the allegations made. But there is nothing on materials to support the plea of innocence. Petitioner is ready and willing to abide any conditions, it is submitted. 4. This petition is opposed. Learned public prosecutor pointed out that crime was registered as early as on B.A. No.2565/10 2 4.9.2001. Charge sheet laid on 10.7.2004. Petitioner could not be arrested so far. Non bailable warrant issued against petitioner and case is registered as L.P.C.41/05. 5. On hearing both sides, considering the serious nature of allegations made and absence of any materials to establish or probablise asserted innocence of the accused. I am satisfied that this is not a fit case to grant anticipatory bail. It can also be noted that petitioner's presence is sought to be procured by court below for trial, as per a non- bailable warrant. There is nothing to show that warrant was issued illegally. Hence, petitioner shall surrender before the respondent or Magistrate court concerned without delay and co-operate with investigation. This petition is dismissed. K. HEMA, JUDGE. Sou.