IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 3511 of 2010() ------------------------------------- CRIME NO.629/2010 OF ADOOR POLICE STATION, PATHANAMTHITTA DIST. ........... PETITIONER (S): ACCUSED --------------------------- UDAYA BHANU, S/O.DAMODHARAN, PULIMOOTTIL VEEDU, NEAR S.N.D.P.MANDIRAM, KILIVAYAL, ERATHU MURI, ERATHU VILLAGE, ADOOR. BY ADV. SRI.B.RADHAKRISHNA PILLAI RESPONDENT(S): -------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SI OF POLICE, ADOOR. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3511 of 2010 ------------------------------------ Dated this the 11th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55 (a) and (i) of the Abkari Act. According to prosecution, on 23.05.2010 at about 3.20 A.M. 30 litres of spirit, which was stored for sale was seized from an unused latrine situated in the residential compound of the petitioner and petitioner is stated to be in possession of the said article. 3. Learned counsel for petitioner submitted that petitioner is a retired employee of the Devaswom Board for the past 28 years and he had not indulged in any anti social activities or crimes. He has absolutely no connection with the contraband article seized. Petitioner was found not dealing with article, at the time when search was conducted. The latrine was open and it could be accessed by any person. Petitioner is deliberately booked in this case at the instance of one Biju Kumar and brother, it is submitted. Petitioner is a social worker and he is helping the people in the locality. B.A. No. 3511 of 2010 2 4. One Biju Kumar, who is working abroad had cheated many persons in the locality by taking huge amount of loans in their name etc. and a complaint was also given against him by one Sujith Kilivayal. His brother came to India and wanted the matter to be settled, but it could not be settled. Biju Kumar and his brother were under the impression that petitioner is responsible for filing the complaint and he had dissuaded him from settling the matter. Therefore, some contra band articles would have been planted and a search caused to be effected through the Sub Inspector. 5. Petitioner is in custody for the past 20 days. This petition is not opposed. On hearing both sides, petitioner is in custody for the past 20 days and it also appears that petitioner has a strong and arguable case. In the above circumstances, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following B.A. No. 3511 of 2010 3 conditions: i) Petitioner shall appear before the Investigating Officer on every Monday , between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln