IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 493 of 2009() -------------------------------------- CRIME NO.47/2009 OF OONNUKAL POLICE STATION, ERNAKULAM DISTRICT ......... PETITIONER (S) / IST ACCUSED ------------------------------------------- SASI, AGED 50 YRS, S/O.RAMAN, THOPPIL HOUSE, NERIAMANGALAM VILLGAE, THALAKKODU.P.O. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION, ERNAKULAM DISTRICT, REP.BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 493 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 55(i) of the Abkari Act. According to prosecution, on 14-1-2009 at about 3.15 p.m. petitioner and another person were found carrying a bottle, containing 1.125 litres of Indian Made Foreign Liquor and a glass. It is also alleged that the accused were engaged in sale of Indian Made Foreign Liquor. 3. Learned counsel for petitioner submitted that there is absolutely no evidence to show that petitioner was engaged in sale of Indian Made Foreign Liquor. No money was seized from petitioner's possession and no person was found in the vicinity to whom the sale was being conducted. By merely saying that a person was found with liquor bottle and glass, (even without water) it cannot be presumed that such person is engaged in sale of liquor, it is submitted. The article involved is only 1.125 litres of Indian Made Foreign Liquor, which is permissible quantity and hence, offence not even offence under section 55(a) is attracted. Hence, offence under section 55(i) is deliberately incorporated. It is also submitted that 2nd accused was arrested BA 493/2009 -2- and he was released on bail. If petitioner is arrested on the allegations of this type, he will be remanded and he will be put to irreparable injury and loss, it is submitted. 4. Public Prosecutor submitted that as per the prosecution case, petitioner and another were found in possession of Indian Made Foreign Liquor for the purpose of sale and hence, section 55(i) is incorporated. However, he conceded that no witness has stated that sale was going on. 5. On hearing both sides, I am satisfied that petitioner has an arguable case to advance during trial and anticipatory bail can be granted to petitioner, since a refusal of the same will result in irreparable injury and loss to petitioner. 6. Hence, the following order is passed:- (1) 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 amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall make himself available BA 493/2009 -3- 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.