IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7972 of 2007()
1. NATARAJAN M.P., AGED 47 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.K.SUBRAMANIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 7972 OF 2007 F
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Dated this the 3rd day of January, 2008
O R D E R
Application for anticipatory bail. Petitioner faces
allegations under the Kerala Abkari Act. He was allegedly
found to be in possession of 5 litres of arrack on 12.12.07.
When the excise party detected the crime, he allegedly took
to his heels and could not be apprehended. His name and
details were ascertained by the officials from the local
witnesses. The petitioner has not been arrested so far.
Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent and it is a case of
mistaken identity. The learned Public Prosecutor opposes the
application for anticipatory bail and points out that all available
indications point to the culpability of the petitioner. He further
points out that the petitioner is involved in an earlier crime
under the Kerala Abkari Act also.
BA.7972/07
: 2 :
3. Having considered all the relevant inputs, I find
merit in the opposition by the learned Public Prosecutor. I am
satisfied that there are no features in this case which would
justify the invocation of the extraordinary equitable discretion
under Section 438 Cr.P.C. This, I agree with the learned
Public Prosecutor, 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.
4. 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)
aks