IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4150 of 2009() ----------------------------- C.R.NO.7 OF 2009 OF EXCISE RANGE OFFICE, THRISSUR PETITIONER/ACCUSED NO.4 ------------------------------------------- SHAFI.P.A., AGED 36 YEARS, S/O.ABDUL KHADER, POOVATHUMKADAVL HOUSE, KARUPADANNA P.O., THRISSUR - 680 670. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE EXCISE INSPECTOR EXCISE RANGE OFFICE, THRISSUR REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4150 OF 2009 ------------------------------------------------------ Dated this the 27th August, 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 accused No.4 in C.R.No.7 of 2009 of Excise Range, Thrissur. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. On 5.2.2009, the Excise party intercepted an Innova car, bearing Registration No.KL-45/A-461. On examination, it was revealed that a quantity of 825 litres of spirit was kept concealed in the car. Accused Nos.1 and 2 were found in the car and they were arrested. The statements made by accused Nos.1 and 2 revealed that the third accused is the person who had made arrangements for transporting the spirit. According to the prosecution, the third accused is the person for whom spirit was transported. On further investigation, it was revealed that the petitioner (fourth accused) is the registered owner of the vehicle. B.A. NO. 4150 OF 2009 :: 2 :: 4. It is admitted that the petitioner is the registered owner. According to him, the car was handed over to the third accused on lease arrangement as per Annexure C agreement dated 18.1.2009, for the period from 18.1.2009 to 18.2.2009, fixing rent at Rs.1000/- per day. It is also stated that, for the better performance of the agreement, a signed blank cheque was issued by the third accused to the fourth accused. Annexure E is the copy of the cheque. According to the petitioner, he has entered into a bonafide transaction of 'rent a car' business with the third accused and he has no complicity in the offence. It is pointed out that there is no case for the prosecution that the petitioner is in any way connected with the illegal transportation of spirit. 5. For the purpose of disposal of this Bail Application, it is not necessary to arrive at any finding in respect of the contentions raised by the prosecution as well as the petitioner. Any such finding or observation would cause prejudice either to the prosecution or to the defence. 6. Taking into account the facts and circumstances of the B.A. NO. 4150 OF 2009 :: 3 :: case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. The petitioner shall appear before the Investigating Officer on 7.9.2009. 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/