IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Bail Appl..No. 5004 of 2008() ----------------------------- PETITIONER --------------------------- JOSE KACHAPPILLY, AGED 65, S/O. LATE LONAPPAN, KACHAPPILLY HOUSE, AZHAKAM DESOM, KODAKARA P.O., THRISSUR 680 684. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRPESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION, KODAKARA. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.5004 of 2008 ----------------------------------------------- Dated this the 12th day of August, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 55(a) and 55(i) of the Abkari Act. According to prosecution, the police officials conducted a search in the house of the petitioner and seized 26 bottles of Rum (India made foreign liquor), which contain total quantity of 9.75 litres. The petitioner ran away from the scene and a crime was registered against the petitioner under Section 55(a) and 55 (i) of Act. 3. Learned counsel for the petitioner submitted that, if the allegations of the prosecution are accepted, only possession of Indian made foreign liquor is involved and it constitutes only a bailable offence under Section 63 of the Act, as seen from the various decisions of this Court (vide Mohanan v. State of Kerala ( 2007(1) KLT 845), Prasanth v. State of Kerala (2002(1) KLT 628) & Sabu v. State of Kerala [2003 (2) KLT 173). But, the offences now alleged are under Section 55(a) and 55(i), which are non-bailable, and if the petitioners are arrested in connection with the crime it is likely that they will be harassed by the police. [B.A.No.5004/08] 2 4. Learned Public Prosecutor conceded that the seizure was from the house and, as per the mahazar, the petitioner was not found dealing with the article, but he ran away from the scene. If that be so, I find that, on the allegations made at present, anticipatory bail can be granted on conditions. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within one week from today and in the event of his arrest he shall be released o bail on the following conditions: i) The petitioner shall make himself available for interrogation, as and when directed by the investigating officer. ii) The petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.