IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Bail Appl..No. 914 of 2009() ---------------------------- CRIME NO. 12/2009 OF EXCISE RANGE OFFICE, CHADAYAMANGALAM PETITIONER (S): -------------------- UNNIPILLAI, S/O.VASUPILLAI, GOPINATHA VILASAM, VILANGAMURI, UMMANNOOR VILLAGE. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ----------------------------------------- B.A.No.914 of 2009 ----------------------------------------- Dated this the 27th February, 2009 O R D E R This petition is filed under Section 438 of the Code of Criminal Procedure by the second accused in Crime No.12 of 2009 of Excise Range, Chadayamangalam. Case of the petitioner is that on seizure of 4.5 litres of Indian made foreign liquor and a glass from the first accused, he was arrested on 31.1.2009 and thereafter, on the confession made by the said accused that the liquor was given by the petitioner, he was arrayed as the second accused and he is innocent and committed no offence and he is prepared to abide by any condition and in such circumstances, in the event of his arrest, petitioner may be released on bail. 2. Learned Public Prosecutor submitted that the case is under investigation and based on the information gathered from the arrested accused, the petitioner is arrayed as the second accused and this is not a case for granting anticipatory bail. BA.914/09 2 3. On hearing learned counsel appearing for the petitioner and the learned Public Prosecutor, I do not find it a fit case to exercise the extraordinary jurisdiction of this Court and grant anticipatory bail. It is for the petitioner to surrender before the learned Magistrate and seek bail. Considering the fact that the liquor seized is Indian made foreign liquor and its quantity, Magistrate will pass appropriate order on the bail application, on the petitioner surrendering and filing the application for bail. This petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE vgs.