IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7751 of 2008()
1. JOSEPH DELLUS, AGE 52,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/01/2009
O R D E R
K.HEMA, J.
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B.A.No.7751 of 2008
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Dated this the 20th January, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Section 55(a) and (h)
of the Abkari Act. According to prosecution, first accused was
found in possession of 28.120 litres of Indian made foreign
liquor on 11.11.2008 and he was arrested from the spot. On
investigation, it is revealed that accused 2 to 4 entrusted the
said article to the first accused for sale.
3. Petitioner is second accused in the crime. Learned
counsel for petitioner submitted that the only allegation as per
the prosecution case is that petitioner gave a glass to first
accused. But, it will not constitute any offence and hence,
anticipatory bail may be granted.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the case diary, the information received
is that accused 2 to 4 have given the contraband article to first
accused for the purpose of sale and the said fact is
BA.7751/08 2
investigated into. Therefore, it is not a fit case to grant
anticipatory bail.
5. On hearing both sides, I am satisfied that it may not be
proper to grant anticipatory bail to petitioner, when a crucial
allegation is being investigated into, since it is likely to affect
investigation adversely. Petitioner is required for
interrogation.
Hence, petitioner is directed to surrender
before the investigating officer without any
delay and co-operate with the investigation.
Whether he surrenders or not, police is at
liberty to arrest him and proceed in accordance
with law.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.