IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 5086 of 2008() ------------------------------------ CRIME NO.120/2008 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ ACCUSED : ------------------------------ SANKARAN, S/O.KARUNAKARAN, PUTHENPURAYIL KARUNAGAPPALLY. BY ADV. SRI.K.RONALD JOSE RESPONDENTS/STATE & COMPLAINANT : -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KARUNAGAPPALLY RANGE. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5086 OF 2008 ------------------------------ Dated this the 13th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(i) of Abkari Act. The article involved is 650 ml. of Indian Made Foreign Liquor. According to the prosecution, the petitioner was found selling the article on the side of the road. On seeing the police party, he ran away abandoning the article. Hence a crime was registered against him. 3. Learned counsel for the petitioner submitted that this is a false case. If the petitioner was found selling it is not understood why he was not arrested from the scene. It is unbelievable that he could not be arrested. Hence he may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner could not be arrested since he escaped from the scene on seeing the excise party coming in the jeep. B.A.5086/2008 2 On hearing both sides, I find that this is not a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac