IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 3004 of 2009() ----------------------------- CRIME NO.24 OF 2009 OF KONNI EXCISE RANGE PETITIONER/ACCUSED NO.2 ------------------------------------------- SURESH, S/O.BHASKARAN NAIR, PUNTHALATHUPUTHEN VEEDU, VAZHAMUTTOM EAST DESOM, OMALLOOR VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.M.T.SURESH KUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3004 of 2009 ------------------------------ Dated this the 25th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.24 of 2009 of Excise Range, Konni. 2. The offence alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The learned counsel for the petitioner submitted that there is nothing to connect the petitioner with the offence. On 25.3.2009 at 7.30 A.M., the first accused was arrested. Six litres of illicit arrack was seized from him. The petitioner is implicated only on the basis of the statement given by the first accused that the arrack was purchased by him from the second accused. 4. I have perused the case diary. Prima facie, there is no material to connect the petitioner with the offence, except the statement made by the first accused. It is stated in the mahazar that on the basis of the secret information, the officer concerned came to know that the second accused had sold the arrack to the first accused. However, the CD file does not disclose the source of any such information or the details of any such information. The Circle Inspector of Excise, who prepared the mahazar, started that process at BA No.3004/2009 2 7.30 A.M. and completed the same at 8.30 A.M. Within that time, all the formalities are stated to have been completed. What was the secret information received by him is not seen disclosed anywhere. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 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 csl