IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 7051 of 2008() ----------------------------- CRIME NO.43/07 OF KUNDARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SANTHOSH @ PODIMON, AGED 24 YEARS, S/O.CHANDRAN, MUNDAPPALLY THEKKETTIL HOUSE, PERUMPUZHA CHERRY, ELAMBALLOOR VILLAGE, KUNDARA. BY ADV. SRI.S.GIRISH RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE ADDL,S.I.OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7051 of 2008 ----------------------------------------- Dated this the 19th November, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner was found in possession of 5 litres of arrack and a case was registered against him under Section 8(2) of the Abkari Act. 3. learned counsel for petitioner submitted that petitioner was totally unaware of the pendency of the case and warrant was issued from the Magistrate Court in C.P.No.35 of 2007. Petitioner is absolutely innocent of the allegations made and he was not actually absconding. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was not available for investigation and he was shown as an absconder and warrant has been issued against petitioner from a court. There is no ground to grant anticipatory bail. 5. On hearing both sides, I find no ground to grant anticipatory bail, particularly since, there is nothing on record to substantiate the plea of innocence or the fact that petitioner was BA.7051/08 2 not absconding. However, it is made clear that considerations for grant of anticipatory bail are different from considerations for granting bail under Section 437 Cr.P.C. Petitioner may surrender before the Magistrate Court concerned within seven days from today and if any bail application is filed, the learned Magistrate shall dispose of the same in accordance with law on merits, particularly considering whether petitioner was absconding or not. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.