IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7226 of 2008()
1. ISSAC @ APPACHN,S/O. SAMUEL, AGED
... Petitioner
2. KUNJOOJAMMA, W/O. ISSAC, AGED 52 YEARS,
Vs
1. STATE OF KERALA, REP. BY S.I. OF POLICE,
... Respondent
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/11/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 7226 of 2008
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Dated this the 27th day of November, 2008.
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 8(2) and 55(a),
(g) and (h) of the Abkari Act. According to prosecution, police
party got information that illicit distillation of arrack was going on
in the house of petitioners. Police party came to the house and
found that petitioners were engaged in distillation of illicit arrack.
On seeing the police, they ran away. 50 litres of wash, 1.5 litres
of arrack and utensils for manufacturing of liquor were seized.
3. Learned counsel for petitioners submitted that
petitioners are innocent of the allegations made. They were not
seen at the place. They were not involved the distillation of
arrack, but they are falsely implicated without any basis.
4. Learned Public Prosecutor opposed the petition and
submitted that petitioners were found at the scene and they
escaped from the scene on seeing the police. This fact is
BA 7226/2008 2
mentioned in the mahazar. Their names were also shown in the
mahazar and other records and there is no false implication.
5. On hearing both sides, considering the nature of
allegations made, I am satisfied that it is not a fit case to grant
anticipatory bail. From the bare assertions made that petitioners
are innocent, it is not possible to make any conclusion of their
innocence, at this stage.
Petitioners shall surrender before the
Investigating Officer without any delay. Whether they
surrender or not police is at liberty to arrest them and
proceed in accordance with law.
With this direction, this petition is dismissed.
K. HEMA, JUDGE.
mn.