IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7879 of 2008()
1. MANOJ V.K., AGED 30 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.K.V.SABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/01/2009
O R D E R
K.HEMA, J.
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B.A. No.7879 OF 2008
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Dated this the 19th day of January, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 55(a) of Abkari
Act. According to prosecution, accused nos.1 to 3 were found
in possession of 5 litres of arrack and they were also
consuming liquor. The incident happened on 06.12.2008.
3. Learned counsel for petitioner submitted that
petitioner is absolutely innocent of the allegations made. He is
only the owner of the vehicle, from which, the article was
allegedly seized. Accused nos.2 and 3 were arrested from the
spot and released on bail. Petitioner is arrayed as accused only
in the capacity of the owner. He was not even present at the
place and he was not arrested from the spot.
4. This petition is opposed. Learned Public Prosecutor
submitted that accused nos. 2 and 3 were arrested, when they
were found sitting inside the car and consuming liquor and the
investigation reveals that all the three were consuming liquor
from the car owned and driven by first accused and the crime
B.A.No.7879 of 2008
2
was detected when the first accused went out of the car to
purchase some drinks to mix with the arrack. Therefore,
accused nos.2 and 3 alone could be arrested at the spot. It is
not a fit case to grant anticipatory bail, it is submitted.
On hearing both sides, considering the facts of the case, I
find that it is not a fit case to grant anticipatory bail.
Petitioner is directed to surrender before the
Investigating Officer and co-operate with the
investigation. Whether he surrenders or not,
police is at liberty to arrest him and proceed in
accordance with law.
The petition is dismissed.
K.HEMA, JUDGE
pac