Pushpan vs State Of Kerala on 12 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5513 of 2007(P)


1. PUSHPAN, S/O.RAMAN, AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY ITS
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :12/09/2007

 O R D E R
                             R.BASANT, J
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                        B.A.No.5513 of 2007
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              Dated this the 12th day of September, 2007

                                 ORDER

Application for anticipatory bail. The petitioner faces allegations

under Kerala Abkari Act. He was allegedly found to be in possession of

200 litres of wash on 18.08.07. Seeing the detecting Police party he

allegedly took to his heels. His name and details were ascertained

from the persons locally present. The Seizure Mahazar and FIR clearly

show the complicity of the petitioner. Investigation is in progress. The

petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. He was not the one who ran away

from the scene of the crime. The Police has accepted the incorrect and

false statement of the local people who allegedly passed the

information to them. In these circumstances anticipatory bail may be

granted to the petitioner, prays the learned counsel for the petitioner.

3. The application is opposed by the learned Public Prosecutor.

I find merit in the opposition by the learned Magistrate. There are no

features in this case, suggesting the need for invocation of the

extraordinary equitable discretion under Section 438 Cr.P.C. This is a

fit case where the petitioner must appear before the learned

Magistrate having jurisdiction and seek regular bail in the ordinary and

B.A.No 5513 of 2007 2

normal course.

4. In the result, this petition is dismissed. Needless to say that

if the petitioner appears before the Investigating Officer or the

learned Magistrate and applies for bail, after giving sufficient prior

notice to the Prosecutor, the learned Magistrate must proceed to pass

appropriate orders on merits, in accordance with law and

expeditiously.

(R.BASANT, JUDGE)
sj
/TRUE COPY/

P.A.TO JUDGE