IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 58 of 2009() --------------------------- CR.NO.42/08 OF BADIADKA EXCISE RANGE PETITIONER -------------------- ANILKUMAR, S/O.KUNHIRAMAN MUDAMKULAM, KARUDUKA VILLAGE KASARGODE, BY ADV. SRI.ALAN PAPALI RESPONDENT(S): --------------- STATE OF KERALA, EXCISE INSPECTOR BADIADKA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 58 of 2009 ----------------------------------------- Dated this the 29th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of 10 litres of arrack and on seeing the police, he absconded the article and ran away. 3. Learned counsel for petitioner submitted that petitioner is not involved in the offence and he is implicated on some mistaken impression. To the petitioner's knowledge, no witness has implicated petitioner. Petitioner is an active worker of CPI (M) and he recently joined BJP faction and hence, under the influence of CPI(M) workers, petitioner is falsely implicated. It is also submitted that petitioner is implicated only in the mahazar and documents, but no statement of the witness is available implicating petitioner in the offence. 4. On hearing both sides and on perusing the case diary, it can be seen that no person, who has allegedly seen the BA.58/09 2 accused and identified him at the scene is questioned by the investigating officer and no statement is seen recorded from any such witness. In such circumstances, I find that anticipatory bail can be granted to petitioner and the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he 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 conditions: i) Petitioner shall report before the investigating officer as and when directed. ii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.