IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2054 of 2008() ----------------------------- [IN CR.NO.7/08 OF IDUKKI EXCISE RANGE] PETITIONER/ACCUSED ------------------------ GOPALAN, AGED 48, S/O.NANU THAIKKUTTATHIL HOUSE, KANJAR P.O. KUDAYATHOOR, THODUPUZHA. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, IDUKKI EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2054 of 2008 ---------------------------------------- Dated this the 2nd day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the licensee of a toddy shop. An auction to the toddy shop was to take place and shortly prior to that date, the present crime has been registered and the petitioner has been arrayed as the third accused. The petitioner came to this court apprehending arrest in such a manner as to deny opportunity to him to take part in the auction. The petitioner contended that he apprehends mala fide resort the power of arrest under the provisions of the Kerala Abkari Act to deny him the opportunity to take part in the auction. In these circumstances, interim directions were also sought for. Interim directions have been issued. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor contends that the allegation is raised against accused 1 and 2. They were allegedly transporting 35 litres of toddy in an autorickshaw. They were allegedly effecting sale of toddy brought in the autorickshaw to persons on the way. Before the toddy reached the shop, accused 1 and 2 who were transporting the same to the shop were indulging in sale of toddy. This, it is alleged, is with the B.A.No.2054/08 2 permission and consent of the petitioner, the licensee of the toddy shop, whose employees accused 1 and 2 allegedly are. Therefore, it is alleged that the petitioner is also guilty of the offences punishable under the Kerala Abkari Act. 3. After detailed discussions at the Bar, the learned Public Prosecutor submits that the State has no objection in anticipatory bail being granted to the petitioner subject to appropriate terms and conditions. 4. Having considered all the relevant inputs to which I have already adverted to in brief, I am persuaded to agree that the petitioner can be granted anticipatory bail. Appropriate conditions can of course be imposed to facilitate the expeditious and efficient completion of the investigation. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 09/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.2054/08 3 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 10/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 09/04/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 09/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2054/08 4 B.A.No.2054/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007