IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3815 of 2008() ----------------------------- CRMP.1583/2008 of I ADDL. DISTRICT COURT, PALAKKAD CRIME NO.220/08 OF THE PATTAMBI POLICE STATION PETITIONER --------------------------- 1. SUBRAMANIAN @ SUBRAN S/O. RAMANKUTTY, KARKUNNATH VEEDU, NADUVATTOM, THIRUVEGAPURA, OTTAPALAM, PALAKKAD DISTRICT. 2. RAJESH, S/O. RAMAKRISHNAN PAREEKAM HOUSE, ANJUMOORTHIMANGALAM. WADAKKANCHERY, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3815 of 2008 ----------------------------------------- Dated this the 23rd day of June, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioners were engaged in supplying arrack in the toddy shop. On seeing the police party, the petitioners and another accused ran away. One of the accused was arrested from the spot. The petitioners could not be arrested. A crime was registered against them under Section 8(1) and (2) of the Abkari Act. 3. Learned counsel for petitioners submitted that the first petitioner is arrayed as accused as a salesman of the shop, but he has nothing to do with the shop. If the first petitioner is working as salesman, it is submitted, there will be documentary evidence to establish the same. But the first petitioner is falsely implicated as a salesman without any basis. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the First Information Statement, the first petitioner is shown as an employee and two others as helpers working in the shop. It is submitted that it is not necessary that all BA.3815/08 2 the persons who are working in the toddy shop will be noted in the roll and records be maintained to show that they are the employees. First petitioner's name was mentioned in the First Information Statement itself and he was identified at the spot itself. 5. On hearing both sides, I find that the petitioners are not able to substantiate their innocence, except by saying that there are no records to confirm that the petitioners are employees in the toddy shop. The matter is under investigation and it is not proper to interfere at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.