Rajan vs State Of Kerala on 5 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7125 of 2008()


1. RAJAN, AGED 32 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :05/02/2009

 O R D E R
                           K. HEMA, J.
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                     B.A. No. 7125 of 2008
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
           Dated this the 5thday of February, 2009

                             O R D E R

Petition for anticipatory bail.

2. The alleged offences are under sections 55(a) and (i) of

the Abkari Act. According to prosecution, petitioner was found

selling Indian Made Foreign Liquor on 9-10-2008 and on seeing

the police party, he ran away leaving the article. 2.250 litres of

Indian Made Foreign Liquor were seized.

3. Learned counsel for petitioner submitted that

petitioner is innocent. His brother lodged a false complaint

against him and hence, he is implicated in this crime.

4. This petition is opposed. Learned Public Prosecutor

submitted that petitioner was found engaged in sale of Indian

Made Foreign Liquor and it is not a fit case to grant anticipatory

bail.

5. On hearing both sides, I am satisfied that considering

the serious nature of allegations made, it is not a fit case to grant

anticipatory bail. The case was registered as early as in October,

2008 and petitioner has not so far surrendered either before the

Investigating Officer or before the court. Hence, the following

order is passed:-

1) Petitioner is directed to surrender before the

BA 7125/2009 -2-

Investigating Officer without any delay and co-

operate with the investigation. Whether he

surrenders or not, police is at liberty to arrest

him and proceed in accordance with law.

2) No further application for anticipatory bail by

petitioner in this crime will be entertained by

this Court, since on the facts in this case, this

Court is satisfied that this is not a fit case to

grant anticipatory bail and any finding to the

contrary will amount to review, which is

impermissible in law.

With these directions, this petition is dismissed.

Sd/-

K.HEMA, JUDGE.

mn.

/true copy/
P.A. to Judge.