Radhakrishna Pillai vs State Of Kerala on 22 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 247 of 2009()


1. RADHAKRISHNA PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :22/01/2009

 O R D E R
                               K. HEMA , J.
                        ~~~~~~~~~~~~~~~~~~~
                         B.A. No. 247 OF 2009
                        ~~~~~~~~~~~~~~~~~~~
             Dated this the 22nd day of January, 2009

                                  ORDER

This petition is for anticipatory bail.

2. The alleged offence is under Section 55 (i) of the Abkari

Act. According to prosecution, when respondents/officials came to the

petitioner’s house and he was found engaged in sale of Indian made

foreign liquor. Petitioner ran away and 13.90 litres (37 bottles) of Indian

made foreign liquor were seized from his house. Since the petitioner ran

away from the scene he could not be arrested.

3. Learned counsel submitted that petitioner is absolutely

innocent of the allegations levelled against him and that there is no

evidence to show that there was sale in the house. As per the

allegation, there is only possession of excess quantity of Indian made

foreign liquor which constitute only a bailable offence under Section 63

of the Abkari Act, it is submitted.

4. This application is strongly opposed by the learned

Public prosecutor. It is submitted that as per case diary, there is

evidence to show that petitioner was engaged in sale of Indian made

foreign liquor at his house and he was found selling the articles but he

could not arrested from the spot as he ran away from the scene. It is

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not a fit case to grant anticipatory bail, it is submitted.

5. On hearing both sides, I am satisfied this is not a fit case

to grant anticipatory bail. The crime was registered as early as on

13.11.2008 but the petitioner is not available to arrest.

Petitioner is directed to appear before the

Investigating officer without any delay and co-

operate with investigation. Whether he

surrenders or not police is at liberty to proceed

in accordance with law.

The petition is dismissed.

(K. HEMA, JUDGE)

KMD

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