IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2861 of 2010() --------------------------------------- CRIME NO.91/2010 OF CHOMBAL POLICE STATION( KOZHIKODE DIST.) ........... PETITIONER/3RD ACCUSED ------------------------------------------ C.P.VINEESH,AGED 26 YEARS,CHANGARAPOYIL, PURAMERI.P.O,KOZHIKODE DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY, SUB INSPECTOR OF POLICE, CHOMBAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2861 of 2010 ----------------------------- Dated this the 28th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner (third accused) along with two others were found transporting Indian Made Foreign Liquor in a motor cycle. The motor cycle was intercepted and accused Nos. 1 and 2 were arrested from the spot and 4.125 litres of Indian Made Foreign Liquor was seized from that possession. Third accused ran away. 3. Learned counsel for petitioner submitted that the offence alleged is under Section 55(a) of the Abkari Act. Permissible quantity of Indian Made Foreign Liquor is 3 litres. 4.125 litres are alleged to have been found in possession of three person together. Therefore, the offence under Section 55(a) of the Abkari Act will not lie. 4. On hearing both sides, I am satisfied that anticipatory bail can be granted, failing which, irreparable injury will be caused to the petitioner. B.A. No. 2861 of 2010 2 5. Hence the following order is passed. 1. Petitioner shall surrender before the Investigating Officer within 7 days from today and co-operate with the investigation. 2. Petitioner shall, in the event of his arrest, he shall be released on bail on his executing a bond for Rs. 10,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation. This petition is allowed. K. HEMA, JUDGE ln