IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4884 of 2008() ----------------------------- CRMP.1688/2008 IN CRIME NO.319/2008 OF RANNY POLICE STATION .................... PETITIONER/ACCUSED ------------------------------- PRASAD, AGED 56 YEARS, S/O.NARAYANAN, PARAKIZHAKKETHIL, NANDUKADU, THALACHIRA, ERAM MURI, MALAYALAPUZHA. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT: COMPLAINANT ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4884 of 2008 ------------------------------------------------------- Dated this the 5th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(g) of Abkari Act. According to the prosecution, on 3.7.2008, at about 5.30 p.m., 750 litres of wash was seized from the property of one Bhaskaran by the Sub Inspector of Police and party. In the course of investigation, they found the petitioner standing in front of his house and on enquiry made with him, he confessed that the article was kept in the property at his behest. Hence, petitioner was also arrayed as an accused and he was arrested on 5.7.2008. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. According to him, petitioner is a mentally ill person, as evidenced by Annexure A3 certificate. He is continuing treatment from 20.7.2007 onwards. On 5.7.2008, he was standing in front of the house and the police party came and BA No.4884/08 2 enquired something to him and may be he had stated that he had some connection with the contraband article seized. But, the article was seized from a far away place and the petitioner had no connection with the same. He would have said something because of his mental illness. Hence, petitioner is in custody from 5.7.2008 onwards. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. (i) Petitioner shall execute bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl