IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5972 of 2008() ----------------------------- (CR.NO.30/2008 OF EXCISE RANGE OFFICE, MUVATTUPUZHA) PETITIONERS/ACCUSED NO.2 & 3 ------------------------------------------------ 1. JAMES VARGHESE, AGED 65 YEARS, S/O.VARGHESE, NEDUMCHALIL HOUSE, VELLOORKUNNAM, MUDAVOOR.P.O, MUVATTUPUZHA. 2. K.M.BABUS, AGED 47 YEARS, S/O.VARKEY MATHEW, KEEPADAYIL, MEKKADAMBU.P.O, MUVATTUPUZHA. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, MUVATTUPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5972 of 2008 --------------------------------------------------- Dated this the 26th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, on 12.9.2008 at about 7.25 p.m. the C.I. of Excise, Muvattupuzha conducted a search in the Club by name 'Muvattupuzha Club' and seized 5.850 litres of Beer and 7.400 litres of Indian made foreign liquor. The club boy and the honourary President and Secretary of the Club are implicated as accused 1 to 3. 3. Learned counsel for the petitioners submitted that petitioners are implicated as 2nd and 3rd accused, but they were not even present at the place of occurrence, according to the prosecution. Several members of the Club joined on the eve of the 'Onam' day and in the Club, they were consuming liquor. While so, Excise officials conducted search and seized the articles and also arrested the Club boy, on the same day. Nobody has [B.A.no.5972/08] 2 sold any liquor at the premises of the Club and no amount was seized at the scene. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on conditions. Hence, the following order is passed: i) Petitioners shall be released on bail in the event of their arrest on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer. Petition is allowed. K. HEMA, JUDGE. Krs.