IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3815 of 2008()
1. SUBRAMANIAN @ SUBRAN
... Petitioner
2. RAJESH, S/O. RAMAKRISHNAN
Vs
1. THE STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/06/2008
O R D E R
K.HEMA, J.
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B.A.No.3815 of 2008
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Dated this the 23rd day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. According to prosecution, petitioners were engaged in
supplying arrack in the toddy shop. On seeing the police party, the
petitioners and another accused ran away. One of the accused was
arrested from the spot. The petitioners could not be arrested. A
crime was registered against them under Section 8(1) and (2) of the
Abkari Act.
3. Learned counsel for petitioners submitted that the first
petitioner is arrayed as accused as a salesman of the shop, but he
has nothing to do with the shop. If the first petitioner is working as
salesman, it is submitted, there will be documentary evidence to
establish the same. But the first petitioner is falsely implicated as a
salesman without any basis.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the First Information Statement, the first
petitioner is shown as an employee and two others as helpers
working in the shop. It is submitted that it is not necessary that all
BA.3815/08 2
the persons who are working in the toddy shop will be noted in the
roll and records be maintained to show that they are the employees.
First petitioner’s name was mentioned in the First Information
Statement itself and he was identified at the spot itself.
5. On hearing both sides, I find that the petitioners are not
able to substantiate their innocence, except by saying that there are
no records to confirm that the petitioners are employees in the
toddy shop. The matter is under investigation and it is not proper to
interfere at this stage.
This petition is dismissed.
K.HEMA, JUDGE
vgs.