IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6009 of 2008() ----------------------------- CRIME NO. 243/2002 OF CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT PETITONER (S): -------------------- SURESH.G, AGED 33 YEARS, S/O. GANGADHARAN, BABU SADANAM, KOTTACKAL.P.O, MELEKKADU, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6009 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November,2008 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 the prosecution, on 17-8-2002 at about 2.15 p.m. S.I. of Police, on prior information, conducted a search in Toddy Shop No.13 and seized 35 litres of spirit. Accused 1 and 2 who were present in the toddy shop were found mixing toddy with spirit and on information from them 32 cans containing 35 litres each spirit were seized from a bank of a river. Accused No.3 is the licensee of the shop and he was arrested. It was revealed that 4th accused, who is a binami licensee of three different shops, had supplied the spirit. It was also revealed that petitioner who is the salesman was also involved in the offence in another toddy shop. Altogether there are 14 accused in the crime. 3. Learned counsel for petitioner submitted that crime was registered as early as in 2002, about six years back. Petitioner is a registered salesman and he has been working throughout this period and available for arrest. But, recently, police is coming in search for him and hence this petition. There is nothing on record to implicate petitioner with the crime, except BA6009 /08 -2- an alleged confession statement and even in the confession statement, the name of petitioner has not been mentioned. The confession was given by 4th accused who claimed that petitioner is a salesman working under him. Accused 1, 2, 4 to 8 and 9 were arrested. Accused No.4 was arrested on 21-8-2002 but the police has not taken any steps to arrest petitioner, since no materials are available against him, it is submitted. 4. Learned Public Prosecutor submitted that the name of petitioner was implicated as early as in the year 2004. As per the allegations, he was mixing toddy with spirit in another toddy shop, as revealed from the confession statement of the co-accused. He submitted that petitioner may be directed to surrender before Investigating Officer and co-operate with the investigation and on such condition, he has no objection in granting anticipatory bail to the petitioner. 5. On hearing both sides, I find that there is no plausible explanation of the non-arrest of petitioner for the past so many years, even though he is a registered salesman. As indicted, there must be sufficient evidence to connect petitioner with the crime to effect his arrest and in such circumstances, I find that there is no justification in refusing anticipatory bail. BA6009 /08 -3- 6. In th result, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioner shall appear before the investigating officer as and when directed. ii) Petitioner shall not intimidate or influence any witness or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.