IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1901 of 2010()
1. PAVITHRAN. AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY INSPECTOR OF
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :16/06/2010
O R D E R
K.HEMA, J
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B.A No.1901 OF 2010
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Dated this the 16th day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 55(a)&(g) of
Abkari Act. According to prosecution, police got information that
distillation of illicit arrack was going on in the property of
petitioner’s second wife. On reaching the spot on 07/03/2010,
petitioner was found carrying a can and on seeing the police, he
abandoned the article and ran away. A search was conducted in
the premises and 1 litre of illicit arrack and 34 litres of wash used
for the manufacture of arrack were seized from the spot.
Petitioner could not be arrested since he ran away.
3. Learned counsel for petitioner submitted that petitioner
was not even present on the spot when the incident allegedly
happened. No article was seized from his possession. But, he is
falsely implicated in the case.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioner’s name is mentioned in the Mahazar
itself. He ran away and hence he could not be arrested. He was
found carrying a can and it was found to contain contraband
article.
B.A No.1901 OF 2010 2
5. On hearing both sides, considering the serious nature of
the allegations made, I am satisfied that this is not a fit case to
grant anticipatory bail. Petitioner has not made out any
exceptional circumstance to grant anticipatory bail. Petitioner is
bound to surrender before the Investigating Officer and co-
operate with investigation.
Petition is dismissed.
K.HEMA
JUDGE
vdv