IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 7125 of 2008 ------------------------------------- (CR. NO. 16/2008 OF KUNNAMKULAM EXCISE RANGE) ................ PETITIONER/ ACCUSED: ----------------------------------- RAJAN, AGED 32 YEARS, S/O. PANGOTTU KRISHNAN, THANDILAM DESOM, VELLATANJUR VILLAGE, THALAPPALLY TALUK, THRISUR DISTRICT. BY ADV. MR.NAGARAJ NARAYANAN. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7125 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, petitioner was found selling Indian Made Foreign Liquor on 9-10-2008 and on seeing the police party, he ran away leaving the article. 2.250 litres of Indian Made Foreign Liquor were seized. 3. Learned counsel for petitioner submitted that petitioner is innocent. His brother lodged a false complaint against him and hence, he is implicated in this crime. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was found engaged in sale of Indian Made Foreign Liquor and it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I am satisfied that considering the serious nature of allegations made, it is not a fit case to grant anticipatory bail. The case was registered as early as in October, 2008 and petitioner has not so far surrendered either before the Investigating Officer or before the court. Hence, the following order is passed:- 1) Petitioner is directed to surrender before the BA 7125/2009 -2- Investigating Officer without any delay 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, since on the facts in this case, this Court is satisfied that this is not a fit case to grant anticipatory bail and any finding to the contrary will amount to review, which is impermissible in law. With these directions, this petition is dismissed. Sd/- K.HEMA, JUDGE. mn. /true copy/ P.A. to Judge.