IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Bail Appl..No. 4801 of 2008() ----------------------------- CRMP.2020/2008 of II ADDL. DISTRICT COURT, KOLLAM CRIME NO.48/2008 OF KOTTARAKKARA EXCISE RANGE. PETITIONERS:- ------------------------------ 1. JAMEELA BEEVI, W/O MADHUSUDHANAN, SARADA MANDIRAM, PALLICKAL, PADINJATTATHIL, KARICHAL, KOTTARAKKARA. 2. MADHUSUDHANAN, S/O VASUDEVAN, SARADA MANDIRAM, PALLICKAL PADINJATTATHI, KARICHAL, KOTTARAKKARA. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(EXCISE INSPECTOR,KOTTARAKKARA, ) BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4801 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, Excise party got reliable information that arrack was sold in the house of petitioners and a search memo was prepared and a search was conducted in the house of petitioners. When the Excise party reached the kitchen, they found that 2nd petitioner was carrying a bottle in his right hand and his wife was trying to hide a bottle, which was in her hand. On examination of the bottles, those contained coloured arrack. 3. When an attempt was made to arrest petitioners, 2nd petitioner abused the excise officials and resisted the arrest. He first ran to the hall and caught hold of the cot and when they attempted to catch the 2nd petitioner, he some how managed to wriggle out of the clutches of the officials and he took a sword stick from the almarah, which was kept in the north-eastern corner of the room, and he brandished the same and intimidated the officials and ran away through the kitchen door. When he was BA 4801/08 -2- followed, he threw brick pieces at the officials and an Excise Guard sustained injury. Second petitioner could not be arrested from the spot. First petitioner who is his wife was also not arrested, since there was no Woman Police Constable available. A mahazar was prepared and a case was registered against petitioners. 4. Learned counsel for the petitioners submitted that this is an absolutely false case foisted against petitioners at the instance of the person who was running two toddy shops nearby. The said person was insisting to lease the property of 2nd petitioner for running the toddy shop, for which 2nd petitioner was not willing. Second petitioner is an agriculturist and he is cultivating fruits and vegetables in 60 cents of land owned by him. He sells the yield in a society run by Vegetable and Fruit Promotion Council. A true copy of the passbook issued by the “Swashrya Karshaka Vipani” is produced as Annexure-A. True copies of purchase bills issued by the society to 2nd petitioner for purchasing his crops is produced as Annexure-B series. 5. Learned counsel for petitioners submitted that story put forward in the mahazar is highly improbable. According to prosecution, there were three persons in the Excise party, but 2nd BA 4801/08 -3- petitioner who was single handed could not be arrested, that too, within an enclosed area, inside the house. It is also pointed out that though an attack is allegedly made against the official, 2nd petitioner is not proceeded against for the act allegedly committed against the officials. Though an Excise official allegedly sustained injury in the assault made by the 2nd petitioner, no complaint was made against him for the alleged assault before the police. 6. The incident allegedly happened on 24-6-2008, but a crime is registered only on 1-8-2008 during the pendency of this application and only when the omission was pointed out. This application was filed as early as on 27-4-2008 and it came up for hearing from 31-7-2008 onwards. All these would point out to the improbability of the case set up by the prosecution. Neither of petitioners were arrested from the spot. In fact the Excise party did not come to the house at all, it is submitted. 7. The application is opposed. Learned Public Prosecutor submitted that 2nd petitioner even attacked the Excise officials. A crime was registered as Crime no.868/2008 of Kottarakkara Police Station, on the basis of a statement given by the Excise Guard, who was injured in the incident. Learned Public Prosecutor BA 4801/08 -4- however conceded that as per the records, the crime was registered only on 1-8-2008. 8. On going through the case records, I find that a petition was prepared by the Excise Range Inspector which was addressed to the Sub Inspector of Police, Kottarakkara Police Station making certain allegations regarding the crime committed by 2nd petitioner. Originally, it was recorded that a dagger was seized from the house of the petitioners, after 2nd petitioner escaped from the scene. But this relevant portion is seen struck off and it is seen substituted by stating that when 2nd petitioner ran away, a dagger fell down from the fold of his dothi and it was seized and produced. Though the incident occurred on 24-6-2008 and the Excise officials were allegedly attacked, the crime was registered only after a week, that too, when discussion came with respect to registration of such a case. 9. On hearing both sides and perusing the records in both the cases, I am satisfied that in the interest of justice, anticipatory bail is to be granted to petitioners. 10. Hence, the following order is passed:- Petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two BA 4801/08 -5- solvent sureties each for the like amount to the satisfaction of the arresting officer on the following conditions:- i) Petitioners shall make themselves available for interrogation as and when directed by the Investigating Officer. ii) Petitioners shall co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.