IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3035 of 2010()
1. DANDAPANI @ PAZHANISWAMY,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :22/06/2010
O R D E R
K.HEMA, J
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B.A No.3035 OF 2010
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Dated this the 22nd day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 55(d), 55(e) and 58
of the Abkari Act. According to prosecution, petitioner was found in
possession of 3.5 litres of toddy from the coconut garden of petitioner
himself. Seeing the excise party, petitioner ran away abandoning the
article.
3. Learned counsel for petitioner submitted that the place of
occurrence is petitioner’s coconut garden. Petitioner is not required
for any custodial interrogation and hence, anticipatory bail may be
granted.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioner was found in possession of toddy in
contravention of provision of Abkari Act. There is no ground to grant
anticipatory bail.
5. On hearing both sides, considering the serious nature of the
allegations made, in the absence of anything to probabalise
petitioner’s innocence, I find this is not a fit case to grant anticipatory
bail. The mere fact that custodial interrogation may not be necessary
is not a ground to grant anticipatory bail.
Petition is dismissed.
vdv K.HEMA, JUDGE