IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Bail Appl..No. 7074 of 2008() ----------------------------- CRIME NO.231/2008 OF KARINKUNNAM POLICE STATION PETITIONER/ACCUSED : ---------------------------------- LOUGIN SUNNY, S/O.SUNNY GEORGE, MULLOOR HOUSE, PIZHAKU P.O., MANNATHOOR PALA, KOTTAYAM. BY ADV. SRI.K.C.PETER SRI.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KARINKUNNAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULMA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7074 of 2008 ----------------------------------------- Dated this the 1st December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, a motor cycle was driven by a person carrying six litres of Indian made foreign liquor and on seeing the police, he ran away, after stopping the vehicle. The articles were seized along with motor cycle. Petitioner is the owner of the vehicle. 3. Learned counsel for petitioner submitted that petitioner is working as Unit Manager of ICICI Prudential Life Insurance at Kottayam. The motor cycle was seized from Karimkunnam. According to petitioner, his father was using the motor cycle and he had taken the same to the site from where rubber trees were being cut and removed at Karimkunnam. There were several workers working there and several workers were using the motor cycle, but, petitioner nor his father is aware as to who committed the offence. Petitioner has absolutely no connection with the crime except that he is the owner of the BA No.7074/2008 2 motor cycle. He has no liability for the offence committed, it is submitted. 4. Learned public prosecutor submitted that no incriminating materials are so far collected against petitioner and hence, he is not made an accused so far. This submission is recorded and hence, there cannot be any apprehension of arrest. Hence, no ground exists to grant anticipatory bail. Learned counsel for petitioner also submitted that if the petitioner is required for questioning or for the purpose of an investigation, direction may be issued to give notice in writing to him. The respondent is directed to issue notice to petitioner in accordance with law, if petitioner is required for the purpose of investigation. With this direction, petition is disposed of. K.HEMA, JUDGE csl