IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 4941 of 2009() ------------------------------------------ (CR.NO.26/2009 OF TGHE VADAKARA EXCISE RANGE,KOZHIKODE DISTRICT) PETITIONER/ACCUSED NO.2: ------------------------------------------- SHYLESH, S/O.KRISHNAN, PUTHIYEDUTH HOUSE, ONCHIYAM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, VADAKARA EXCISE RANGE, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No.4941 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No. 2 in Crime No. 26/2009 of Vadakara Excise range. 2. The offence alleged against the petitioner is under Section 55 (a) of the Abkari Act. 3. When the Bail Application came up for hearing on 09.09.2009, the following order was passed: “The prosecution case is that on 6/7/2009, a quantity of 140.76 litres of Indian made foreign liquor was transported in an Autorickshaw bearing registration No.KL-18/5147. The petitioner is admittedly the registered owner of the vehicle. According to the prosecution, the driver of the vehicle ran way. Annexure A1 notice dated 5/8/2009 was issued to the petitioner by the Excise Inspector of Vatakara, directing the petitioner to give explanation as to why he should be made an accused. The petitioner submitted Annexure A2 reply dated 17/8/2009, wherein he stated that the B.A. No.4941 of 2009 2 Autorickshaw was given to one Sathyan on a daily rent of Rs.150/-. While going to Gulf, Sathyan entrusted the vehicle to his friend. According to the petitioner, the amount is being regularly remitted on behalf of Sathyan to the financier of the Autorickshaw. 2. The learned Public Prosecutor submitted that if the petitioner appears before the investigating officer, his innocence could be brought to the notice of the investigating officer. The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the investigating officer. Accordingly, there will be direction to the petitioner to appear before the investigating officer on 18/9/2009 at 9A.M. Post on 24/9/2009. The learned Public Prosecutor submitted that the petitioner will not be arrested till then” 4. It is submitted that the petitioner complied with the direction to appear before the Investigating Officer and he was interrogated. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other B.A. No.4941 of 2009 3 circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln