IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Bail Appl..No. 3788 of 2008() ----------------------------- CRIME NO.125/2008 OF KELAKAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- SHYJO.M.M. S/O. MICLE, AGED 26, DRIVER, MULLACHALIL VEEDU, THALAKKANI.P.O, KOTTIYOOR AMSOM DESOM, THALASSERY TALUK, KANNUR DT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: RESPONDENT/STATE ----------------------------- STATE OF KERALA, REPRESENTING S.H.O, KELAKAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3788 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2008 O R D E R Application for anticipatory bail. 2. According to the prosecution, 11 litres of Indian Made Foreign Liquor were found in a room, which is occupied by the petitioner herein on 21-5-2008 at about 1.30 p.m. A crime is registered against the petitioner under section 55(a) of the Abkari Act and the petitioner apprehends arrest. 3. The learned counsel for the petitioner submitted that the premises where the liquor was seized does not belong to the petitioner and he is not in possession of the same. The property belongs to another person, who is an attestor to the mahazar. The said person is inimical towards the petitioner and the petitioner is totally falsely implicated, it is submitted. 4. Learned Public Prosecutor submitted that as per the case diary, a statement was given by the owner of the building that the building in question is in possession of the petitioner on the basis of an oral agreement. Except this, there is nothing to connect the petitioner in the crime. 5. On hearing both sides I am satisfied that a direction can be issued and hence the following orders is passed:- BA 3788/08 -2- 1. Petitioner shall surrender before the Investigating Officer within ten days from today and make herself available for interrogation. 2.Thereafter, he shall be produced before the learned Magistrate concerned and the petitioner shall be on bail on his executing a bond for Rs.25,000/- with solvent sureties each for the like amount to the satisfaction of the Magistrate on condition that the petitioner shall co-operate with the investigation and appear before the Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.