IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 6183 of 2008() ----------------------------- SC.467/2004 of ADDL.SESSN.COURT (ADHOC-II)KASARAGODE CRIME NO. 61/2001 OF HOSDURG POLICE STATION PETITIONER:- ------------------------------ MUNEER, S/O. ABDUL KHADER, AGED 43 YEARS,KANIYANKUNDU HOUSE, THEKKILE VILLAGE, KASARGOD TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, HOSDURG POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6183 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and 8(2) of the Abkari Act. According to prosecution, petitioner along with three others were found transporting 125 packets each containing 100 ml. of Karnataka arrack. Accused 1 to 3 were arrested but petitioner could not be arrested, since he ran away. Petitioner is the 4th accused in the crime. 3. Learned counsel for petitioner submitted that petitioner was in Karnataka and he was not aware that he was implicated in the offence. Hence, petitioner may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that bail was granted to petitioner and he jumped bail and hence non bailable warrant was issued against him. 5. On hearing both sides, I am satisfied that powers under section 438 cannot be invoked in a situation like this. The incident occurred as early as on 2001 and case is now pending before the Sessions Court for trial. BA 6183/08 -2- Hence, petitioners are directed to surrender before the Magistrate court concerned within seven days from today and co-operate with the trial. With this direction, petition is dismissed. K.HEMA, JUDGE. mn.