IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 7776 of 2008() ----------------------------- CRMP.3301/2008 of II ADDL. DISTRICT COURT, KOLLAM CRIME NO.232/08 OF POOYAPPALLY POLICE STATION PETITIONER/ 2ND ACCUSED ------------------------------------------- RAVEENDRAN PILLAI, S/O.GANGADHARAN PILLAI, RAJEEV BHAVANAM, MAROORMURI, CHAMAVILA MUKKU, VELIYAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7776 of 2008 ----------------------------------------- Dated this the 16th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, in an auto rickshaw driven by third accused, 100 litres of arrack were being transported and this was detected by the police. Accused 1 and 2 were in the auto rickshaw and they ran away. Accused 1 and 3 were arrested subsequently. 3. Learned counsel for petitioner submitted that it is impossible to believe that in an auto rickshaw 10 cans, having capacity of 10 litres, and two persons can travel. Petitioner is falsely implicated and hence he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that accused 1 and 3 are arrested. Petitioner's involvement is clearly revealed from the materials in the case diary. The incident happened as early as on 20.5.2008 and BA.7776/08 2 petitioner has not made himself available for investigation. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the serious nature of the allegations made, I find that this is not a fit case to grant anticipatory bail. It is not possible, at this stage, to come to a finding regarding the improbability of transportation etc. petitioner is bound to surrender and co-operate with the investigation. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.