IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 6338 of 2008() ----------------------------- CRIME NO.28/08 OF PATTAMBI EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- DRAVIAN, S/O.RAMANKUTTY, KAREKUNNATH HOUSE, NADUVATTOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATTAMBI EXCISE RANGE - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON 16/01/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6338 of 2008 ----------------------------------------- Dated this the 16th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(a), (h), (g) and 8(1) and (2) of the Abkari Act. According to prosecution, a search was conducted in a house by the Excise officials and 891 litres of spirit and 450 litres of toddy were seized from there. Packet sealing machine and polythene covers were also seized. A case was registered against petitioners, since he is the owner of the building. The seizure was effected on 9.9.2008. 3. Learned counsel for petitioner submitted that petitioner is only the owner of the building, but the building is in possession of some other person. Annexure-A rent deed executed on 24.3.2008 would reveal that the house is already leased to another person. During the pendency of this petition, investigating officer was directed to ascertain about the genuineness of Annexure-A. On the investigation, it was revealed that the stamp paper, in which the rent deed was BA.6338/08 2 executed, was purchased by the lessee himself. But the police seeks to arrest petitioner as the owner of the property, since the lessee is absconding, it is submitted. Learned counsel for petitioner submitted that if anticipatory bail is not granted, petitioner will be put to irreparable injury and loss. 4. Learned Public Prosecutor fairly conceded that as per the statement of the stamp vendor, Annexure-A document was executed on a stamp paper, which was purchased in the name of the lessee. But, according to him, police was not able to trace out the said person and the investigation is in progress. On hearing both sides, I find that anticipatory bail is to be granted, since refusal of the same will result in injustice, if ultimately it is found that petitioner is only the owner of the property and not a person in possession of the building. Therefore, the following order is passed: 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 BA.6338/08 3 like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the investigating officer within three days from the date of release and make himself available for interrogation and co-operate with the investigation. ii). Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.