IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5017 of 2009 CRIME NO.240 OF 2009 OF VANDANMEDU POLICE STATION, IDUKKI. PETITIONER/ACCUSED -------------------------------------- XAVIER JOSEPH @ XAVY, PUTHENPURACKAL, MANIAMPETTY, ANAKKARA VILLAGE, VANDANMEDU, IDUKKI DISTRICT. BY ADV. SRI.BINDU SREEKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5017 OF 2009 ------------------------------------------------------ Dated this the 9th 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 the accused in Crime No.240 of 2009 of Vandanmedu Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 7.8.2009, a quantity of 400 ml of arrack was seized from the house of the petitioner. At the time of search, the petitioner was not available in the house. The prosecution alleges that the petitioner is regularly involved in the sale of arrack. Learned counsel for the petitioner submitted that the petitioner was an accused in four other abkari cases; three cases ended in acquittal and only one case is pending. According to the counsel, the police party constantly harasses the petitioner and, on account of the same, wife of the petitioner has left his company. It is also submitted that Jeena.X., aged 2 years, who is the daughter of B.A. NO. 5017 OF 2009 :: 2 :: the petitioner, is suffering from unilateral retinoblastoma and she has lost one eye. She is totally blind in the right eye. The doctor has certified that her vision cannot be regained by any means, either naturally or artificially. She is handicapped by 40%. The certificate is produced as Annexure B in the Bail Application. Copy of the photograph of the child is also produced as Annexure C. 4. Taking into account the peculiar facts and circumstances of the case, the family background of the petitioner and the illness of the daughter of the petitioner, 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 officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 AM and 11AM 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; B.A. NO. 5017 OF 2009 :: 3 :: 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 ahz/