IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1328 of 2010() ----------------------------- C.R.NO.47/2009 OF EXCISE RANGE OFFICE, PALAKKAD PETITIONER : ---------------------- PRAVEEN.C,AGED 28 YEARS,EDAKKAD HOUSE, CHITHALI.P.O,KUZHALMANNAM,PALAKKAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR,EXCISE RANGE OFFICE,PALAKKAD REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1328 of 2010 --------------------------------------------- Dated this the 17th day of March, 2010 O R D E R The petitioner apprehends arrest in C.R.No.47 of 2009 of Excise Range Office, Palakkad. On 16.8.2009, when the Excise officials tried to intercept a car bearing registration No.TN 07 K 3457, the car was not stopped. The Excise officials chased the car. The driver and another person, who were in the car, abandoned the vehicle and ran away. On inspection of the vehicle, a quantity of 495 litres of spirit was found stored in the car. 2. The learned counsel for the petitioner submitted that the petitioner is no way connected with the offence. He is not the owner of the car. At no point of time, did he possess the car. 3. The learned Public Prosecutor submitted that the investigating officer found that the car was given in a workshop at Palakkad, namely, Indus Motor workshop and the mobile telephone number of the petitioner was found given by somebody in the workshop. The Excise officials wanted to investigate further in the matter as to whether the car was given BA No.1328/2010 2 in the workshop by the petitioner. At present, the petitioner is not made an accused and therefore, the Excise officials have no intention to arrest the petitioner. However, during investigation, if it is found that there are materials to connect the petitioner, the Excise officials may not be prevented from arresting the petitioner, submitted the learned Public Prosecutor. 4. The submission made by the learned Public Prosecutor that at present the petitioner is not made an accused and that there is no intention to arrest the petitioner is recorded. It is also submitted by the learned Public Prosecutor that if any materials are obtained by the investigating officer to connect the petitioner with the offence, a notice will be issued to him sufficiently prior to his arrest. This submission is also recorded. The Bail Application is accordingly closed. The petitioner would be free to approach this Court again as and when occasion arises. K.T.SANKARAN, JUDGE csl