IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5074 of 2007()
1. PRABHA, S/O. JOHNSON,
... Petitioner
Vs
1. EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/08/2007
O R D E R
R.BASANT, J.
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B.A.No.5074 of 2007
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Dated this the 21st day of August 2007
O R D E R
Application for anticipatory bail. The petitioner, along
with the co-accused, faces allegations of having kept in their
possession 15 litres of arrack on 13/12/2006. Seeing the
detecting excise party, the petitioner allegedly took to his heels.
The first accused was arrested. The investigation is in progress.
The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent of the allegations. He was
not present along with the first accused at all, it is submitted.
Anticipatory bail may, in these circumstances, be granted to the
petitioner, prays the learned counsel for the petitioner.
3. The learned Public Prosecutor opposes the
application. The learned Public Prosecutor submits that the
allegations clearly point to the complicity of the petitioner. The
contemporaneous seizure mahazer as also the occurrence report
do clearly reveal the presence and complicity of the petitioner.
In these circumstances, anticipatory bail may not be granted to
the petitioner, submits the learned Public Prosecutor.
B.A.No.5074/07 2
4. I find merit in the opposition by the learned Public
Prosecutor. I do not find any features in this case which would
justify the invocation of the extraordinary equitable discretion
under Section 438 Cr.P.C. This, I am satisfied, is a fit case
where the petitioner must appear before the investigating officer
or the learned Magistrate having jurisdiction and then seek
regular bail in the normal and ordinary course.
5. In the result, this petition is dismissed. Needless to
say, if the petitioner surrenders before the investigating officer
or the learned Magistrate and applies for bail, after giving
sufficient prior notice to the Prosecutor in charge of the case,
the learned Magistrate must proceed to pass appropriate orders
on merits, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.5074/07 3
B.A.No.5074/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007