IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5374 of 2008() ------------------------------------------ (C.R.NO.64/2008 OF ARYANADU EXCISE RANGE) PETITIONER/ACCUSED: ----------------------------------- SUJEENDRAN, AGED 28 YEARS, S/O.SRI.SADASIVAN, MANCHADININNA VILA JN., BOUNDERMUKKU, ARYANADU, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESHKUMAR RESPONDENT: COMPLAINANT: ---------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------------------------------------------- Bail Application No.5374 of 2008 ------------------------------------------------------- Dated this the 4th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 55 and 8(2) of Abkari Act. According to prosecution, petitioner was found carrying 10 litres of arrack. 3. Learned counsel for the petitioner submitted that the allegations are highly improbable. Petitioner is absolutely innocent and a false case is foisted against the petitioner. Petitioner could not be arrested from the spot. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner's identity was disclosed at the time of preparation of the mahazar itself and all the details are shown in the mahazar. The petitioner could not be arrested only because he escaped. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am not satisfied that the petitioner has not committed the offence and that he will not repeat it. In view of Section 41(A), it is not possible to grant even regular bail and hence, no ground exists to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl