IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1156 of 2008() ----------------------------- CRIME NO. 3/08 OF KUTTAMPUZHA EXCISE RANGE .................... PETITIONER : ACCUSED ------------------------ P.O.BABY,AGED 55 YEARS S/O.OUSEPH, PALLIKUNNEL HOUSE KUTTAMPUZHA P.O. BY ADV. SRI.A.P.SUBHASH RESPONDENTS: ------------- INSPECTOR EXCISE RANGE, KUTTAMPUZHA,REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1156 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging the offence punishable under the Kerala Abkari Act. He was allegedly found to keep in his possession 100 litres of wash in his courtyard on 23.1.2008. The Excise Party, on receipt of discreet prior information, went to the scene of the crime and found 100 litres of wash kept in the open courtyard in the house of the petitioner. They effected the seizure. There was no one present in the house. Crime has been registered. Investigation is in progress. Admittedly the petitioner has no history of any criminal antecedents. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations are totally false. The petitioner's house is situated in a place, that is referred to as a four cent colony. The houses are so small and it cannot be said that they have separate courtyard B.A.No. 1156 of 2008 2 also. Even the allegation, according to the petitioner, is fanciful. 100 litres of wash is kept in the courtyard open to all and sundry. Admittedly the petitioner or other members of his family were not available when the detection was made. The petitioner has set up a definite case that there are certain persons in the colony enemically disposed towards him. It is such persons, who taking advantage of his absence in the house, planted contraband articles and raised false allegations against the petitioner. His son was involved in an accident and he was admitted in the hospital on that day. He was attending on his son. No person was available in the house. Seizing this opportunity false allegations have been invented against the petitioner and schemed by persons enimically disposed towards him. The petitioner shall co- operate with the investigators. In any view of the matter, it is not necessary to insist on arrest and incarceration of the petitioner, submits the learned counsel. 3. The learned Prosecutor, after discussions at the Bar, does not oppose the application. He only submits that in the peculiar facts and circumstances of the case, appropriate and strict conditions may be B.A.No. 1156 of 2008 3 imposed. Anticipatory bail, subject to such conditions, can be granted to the petitioner, it is submitted. 4. I am satisfied that the petitioner can be granted anticipatory bail, subject to appropriate conditions, which shall ensure the interests of a fair, proper and efficient investigation. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 17.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.3.2008 and 19.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary B.A.No. 1156 of 2008 4 steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 17.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 17.3.2008. (R. BASNT) Judge tm