IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7894 of 2008()
1. K.M,.MATHEW
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.JOHN K.GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/01/2009
O R D E R
K. HEMA, J.
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B.A. No. 7894 of 2008
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Dated this the 27th day of January,2009
O R D E R
Petition for anticipatory bail.
2. The alleged offence is under section 8(2) of the Abkari
Act. According to prosecution, five litres of arrack were seized
from a toddy shop of which petitioner (A3) is the licensee.
Salesman (A1) was arrested from the spot. Manager (A2) ran
away and he could not be arrested so far.
3. Learned counsel for petitioner submitted that though
the petitioner is the licensee, he is not actually conducting the
business in the toddy shop personally. He is running a ration
shop and Manager (A2) is entrusted with the running of the
toddy shop and hence, petitioner may be granted anticipatory
bail, it is submitted. He has no knowledge of sale of arrack in the
shop, it is submitted. It is also pointed out that accused 1 and 2
were already released on bail. Learned counsel for petitioner
submitted that petitioner is having heart disease and he
requires valve replacement and documents are produced to
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prove the same as Annexures-II to IV.
4. This petition is opposed. Learned Public Prosecutor
submitted that on investigation, it is revealed that sale of arrack
is being conducted in the toddy shop with the knowledge and
connivance of petitioner and it is not correct to say that he has
no role in the business.
On hearing both sides, considering the nature of
allegations made, I do not think that this is a fit case to grant
anticipatory bail. The physical state of petitioner may not by
itself be a ground for granting anticipatory bail. It is needless to
say that consideration for grant of anticipatory bail is different
from consideration for grant of bail under section 437 Cr.P.C. If
petitioner is physically sick and infirm, he may apply for bail
before the lower court and take up the contentions. It is made
clear that none f the observations made in this oder on merit, if
any, will stand in the way of the learned Magistrate disposing of
the application for bail, on merit .
Hence, petitioner is directed to surrender
before the Magistrate court concerned or before the
Investigating Officer without any delay and co-
operate with the investigation. Whether he
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surrenders or not, police is at liberty to arrest him
and proceed in accordance with law.
With this direction, this petition is dismissed.
K.HEMA, JUDGE.
mn.