IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 213 of 2008() ---------------------------- CRIME NO.303/2007 OF THENMALA POLICE STATION PETITIONER : ACCUSED: ------------------------- SAJI, S/O.RAVEENDRAN, SAJI SADANAM, VELLACHAL, URUKKUNNU MURIYIL, THENMALA VILLAGE. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: COMPLAINANT; ------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, THENMALA POLICE STATION (CRIME NO.303 OF 2007) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.213 of 2008 ------------------------------------- Dated this the 16th day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations under the Kerala Abkari Act. The crux of the allegations against the petitioner is that he was found in his house with a bottle of liquor containing 200 ml of Rum and a glass. The petitioner has antecedents of involvement in abkari offences. He is accused in 2 other crimes. Obviously drawing inference from his prior conduct, the excise party wanted to apprehend him. He took to his heels and could not be apprehended. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner argues that even if the entire allegations were accepted, there is nothing culpable in the conduct of the petitioner. Merely because he has earlier involvement in abkari offences, false and vexatious allegations are being raised against him. The petitioner is entitled to consume liquor at his residence and the possession of 200 ml of Indian Made Foreign Liquor which is not even alleged to be B.A.No.213 of 2008 2 spurious cannot amount to any offence. In fact, the counsel submits that it is a perverse inference drawn solely because of the prior instances of alleged culpability. The petitioner does not deserve to endure the trauma of arrest and detention. Solely because he is involved in previous offences, he may not be left to endure the trauma of arrest and detention. Anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor does not oppose the application. I have gone through the entire materials available in this case. I am unable to perceive any specific features which can suggest that the petitioner has committed the offence under Section 55(i) of the Kerala Abkari Act. The mere fact that he is involved in earlier offences does not justify the drawing of any inference from his prior conduct. I am satisfied that the petitioner can be granted anticipatory bail. Appropriate conditions can of course be imposed. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 23.01.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees B.A.No.213 of 2008 3 Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 24.01.2008 and thereafter as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 23.01.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 23.01.08. (R.BASANT, JUDGE) rtr/-