IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6230 of 2008() ----------------------------- CRIME NO. 12/2008 OF CHATHANNOOR EXCISE RANGE PETITIONER/ACCUSED 2 & 6. --------------------------------------------- 1. VIJAYAKUMAR, CHARUVILA PUTHEN VEEDU, NADUVILAKKARA, THRIKKOVILVATTOM,KOLLAM. 2. VIKRAMAN PILLAI, PRAKASH BHAVAN, MYLAKKAD, ADICHANALLOOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): RESPONDENT/COMPALINANT. -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6230 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 56(b), 8(2), 55 (a) and 57(a) the Abkari Act. 25 litres of spirit and 60 litres of toddy mixed with spirit were seized from a toddy shop. First accused was found mixing spirit with toddy. Second accused who was the Manager ran away from the place on seeing the officials. Sixth accused is the licensee. Petitioners are accused 2 and 6. 3. Learned counsel for petitioners submitted that accused 3 and 4 who are licensees were granted anticipatory bail by this Court as per order dated 6-5-2008 in B.A.No.2644/2008 and hence petitioners may also be granted anticipatory bail. 3. Learned Public Prosecutor pointed out that it appears from the order referred above that another bench of this court granted anticipatory bail to accused 3 and 4, since they could not be arrested by the police. It was observed in the order that there is no progress in investigation. This petition is opposed. Learned Public Prosecutor submitted that in an offence of this nature, it is not proper to grant anticipatory bail. 4. On hearing both sides, on considering the nature of allegations made, I am satisfied that it is not a fit case to grant BA 6230/08 -2- anticipatory bail. Crime was registered as early as on 9-2-2008 and petitioners were evading from arrest and they failed to co- operate with the investigation. If Excise officials have failed to arrest them it cannot be made a ground to grant anticipatory bail. Grant of anticipatory bail to a co-accused cannot be a ground to grant anticipatory bail to petitioners. Petitioners were not available for arrest for more than eight months. The absence of progress in investigation will not be sufficient to exercise powers under section 438 Cr.P.C. Hence, petitioners are directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.