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. 5892 of 2008() ----------------------------- CRIME NO. 459/2008 OF IRITTY POLICE STATION : PETITIONER/ACCUSED -------------------------------------- JOSE, S/O.CHACKO, AGED 40 YEARS, PARAKKULAM HOUSE, ST.JUDE NAGAR, ANAPANTHIKAVALA, KILIANTHARA, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O., IRITTY POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5892 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September,2008 O R D E R Petition for anticipatory bail. 2. According to the prosecution, petitioner was found in possession of 2.7 litres of Indian Made Foreign Liquor and a glass. He could not be arrested from the spot, since he ran away abandoning the articles. A case was registered against him under section 55(i) of the Abkari Act. 3. Learned counsel for the petitioner submitted that the article seized is permissible quantity of Indian Made Foreign Liquor. Petitioner is innocent of the allegations made. No sale was effected and there is nothing to show that any sale was conducted. The only allegation is that there was a glass with the petitioner and on this ground, the case of sale cannot be accepted, it is argued. 4. Learned Public Prosecutor submitted that as per the allegations, petitioner was found in possession of the article for sale. This is evident from the presence of a glass with the petitioner. 5. On hearing both sides it is clear that except possession of a glass with the petitioner, there is absolutely nothing to BA 5892/2008 2 substantiate that petitioner was selling the article. The mere possession of Indian Made Foreign Liquor of 2.7 litres will not constitute an offence under section 55(i) of the Abkari Act and it will attract only an offence under section 63 of the Abkari Act, which is a bailable offence, as held by this Court in Sabu V. State of Kerala (2003(2) KLT 173). 6. In the above circumstances, I find the following order can be passed:- 1) For the purpose of bail, the offence involved in this case will be treated as under section 63 of the Abkari Act. It is made clear that this is only for the purpose of bail. 2) Since the case is under investigation, the petitioner shall surrender before the learned Magistrate within seven days from today. This petition is disposed of accordingly. K.HEMA, JUDGE. mn.