IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Bail Appl..No. 175 of 2009() ---------------------------- CRIME NO. 350/2008 OF OONNUKAL POLICE STATION, ERNAKULAM DISTRICT. PETITIONER/ACCUSED:- ------------------------------ NARAYANAN @ KUNJUNJU KUNNUMPURATH HOUSE, MANALODY,90 CENT COLONY, NERIAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKLAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 175 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, petitioner was found in possession of 4.125 litres of Indian Made Foreign Liquor on 6- 12-2008. 3. Learned counsel for petitioner submitted that petitioner purchased the article from Beverages Corporation and while he was proceeding, he was arrested. Even as per the allegations in the mahazar, petitioner was returning from the Beverages Corporation. The offence committed by petitioner does not fall under section 55(a) of the Abkari Act and offence committed will fall only under section 63 of the Abkari Act, which is a bailable offence, in the light of a decision reported in Mohanan V. State of Kerala (2007(1) KLT 845). The offence alleged is under section 55 (a), which is a non bailable offence and, therefore, in case petitioner is arrested, he will be remanded. 4. Learned Public Prosecutor submitted that from the instruction given, petitioner was found in possession of excess BA 175/09 -2- quantity of Indian Made Foreign Liquor and he he has no objection in granting anticipatory bail to the petitioner. 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate court concerned and he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.