IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6183 of 2008()
1. MUNEER, S/O. ABDUL KHADER,
... Petitioner
Vs
1. STATION HOUSE OFFICER, HOSDURG POLICE
... Respondent
For Petitioner :SRI.P.NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/10/2008
O R D E R
K. HEMA, J.
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B.A. No. 6183 of 2008
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Dated this the 13th day of October,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 55(a) and 8(2)
of the Abkari Act. According to prosecution, petitioner along with
three others were found transporting 125 packets each containing
100 ml. of Karnataka arrack. Accused 1 to 3 were arrested but
petitioner could not be arrested, since he ran away. Petitioner is
the 4th accused in the crime.
3. Learned counsel for petitioner submitted that petitioner
was in Karnataka and he was not aware that he was implicated in
the offence. Hence, petitioner may be granted anticipatory bail, it
is submitted.
4. Learned Public Prosecutor submitted that bail was
granted to petitioner and he jumped bail and hence non bailable
warrant was issued against him.
5. On hearing both sides, I am satisfied that powers under
section 438 cannot be invoked in a situation like this. The incident
occurred as early as on 2001 and case is now pending before the
Sessions Court for trial.
BA 6183/08 -2-
Hence, petitioners are directed to surrender
before the Magistrate court concerned within seven
days from today and co-operate with the trial.
With this direction, petition is dismissed.
K.HEMA, JUDGE.
mn.