IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 7795 of 2009() ---------------------------------------- CRIME NO.36/2009 OF KUMBLA EXCISE RANGE, KASARAGOD DISTRICT. .......... PETITIONER/ACCUSED ---------------------- DURGA PRASAD SHETTY K., AGED 27 YEARS, S/O. LATE GOPALA SHETTY, KAKKEPPADY HOUSE, PUTHIGE VILLAGE AND POST, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): STATE -------------------- THE EXCISE INSPECTOR, KUMBLA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7795 of 2009 ------------------------------------ Dated this the 21st day of January, 2010 O R D E R When the Bail Application came up for hearing on 13/01/2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.36 of 2009 of Kumbla Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 11.12.2009 at 6.10 PM, the petitioner was found in possession of twenty bottles of Indian Made Foreign Liquor, each bottle containing 180 ml., and five litres of arrack. It is alleged that the petitioner was carrying the contraband articles and he abandoned the articles and left the place on seeing the Excise party. Therefore, the petitioner could not be arrested. 4. The petitioner alleges that the case was foisted against him. He has sent a detailed representation to the Honourable Minister of Excise with copy to the Chief Minister of Kerala, Home Minister and Excise Commissioner. Annexure I is the petition. The petition is not dated. The learned B.A. No. 7795/ 2009 2 counsel for the petitioner has produced the postal receipts as Annexure 2 series. It is submitted that Annexure 2 series relate to Annexure I representation. 5. In Annexure I representation, it is stated that on 9.12.2009 at about 5.30 PM, while the petitioner was driving a jeep, the jeep of the Excise party was behind the jeep driven by the petitioner. The petitioner could not give side to the jeep of the Excise party because of the condition of the road at the relevant place. The jeep of the Excise party overtook the vehicle driven by the petitioner and the petitioner was threatened with dire consequences for not having given side to the jeep. In Annexure I, it is also stated that on 10.12.2009 and on 11.12.2009, some persons, stating that they are the Excise people, had come to the house of the petitioner. At that time the petitioner was not in the house. They threatened the mother of the petitioner. 6. The prosecution case is that the crime was detected by the Circle Inspector of Excise and after seizure, it was forwarded to the Excise Inspector, Kumbla. 7. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the B.A. No. 7795/ 2009 3 investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 16th and 17th January, 2010. The petitioner shall produce a copy of the order before the investigating officer. 8. Post on 21st January, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.36 of 2009 of Kumbla Excise Range, Kasaragod District. ” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 13/01/2010. 3. Taking into account the facts and circumstances of the case, the nature of the offence and other 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the B.A. No. 7795/ 2009 4 officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 scm