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. 5232 of 2008() ----------------------------- CRIME NO.42/08 OF CHENGANNUR EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- SRI.RAGHU, REMYA BHAVANAM, XII/476A OF CHERIYANADU PANCHAYATH, THONAKKADU, CHERIYANADU VILLAGE, CHENGANNUR (ERRONEOUSLY ARRAYED AS S/O.CHELLAPPAN, ASWATHI BHAVANAM (PANNIKUZHI VEEDU), MALIKKACHIRA COLONY, PADINJATTUM MURI, CHERIYANADU VILLAGE,CHENGANNUR) BY ADV. SRI.S.HARIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, CHENGANNUR RANGE. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5232 of 2008 ------------------------------------------------------- Dated this the 21st day of August, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the Excise party got reliable information that wash was kept by one Raghu, S/o.Chellappan. The Excise Party went to a paddy field and found cans of aluminum vessels etc. used for manufacturing liquor and also wash. On making enquiries, the Excise party came to know that the articles belonged to said Raghu. Therefore, a mahazar was prepared and contraband articles were seized, including 858 litres of wash. The accused was not available for arrest and a case was registered against the accused. 3. Learned counsel for petitioner submitted that the petitioner is a small scale diary farmer. He is also a member of local Cheriyanadu Co-operative Milk Society and his member number is 377. He supplies milk to the society twice a day for the past several years and a pass book of the milk society will prove this. He was not absconding. He is residing in the address shown in the ration card which is produced and marked BA No.5232/08 2 as Annexure A2. The address of the petitioner is “Raghu P.C., Remya Bhavanam, Cheriyanadu” as shown in the ration card and pass book maintained by the society which is Annexure A3. But, the address shown in all the documents which are prepared by the Excise Officials is different. It is “Raghu, S/o.Chellappan, Aswathi Bhavanam (Pannikkuzhy Veedu), Malikachira Colony, Padinjattum muri, Cheriyanadu Village, Chengannur”. 4. Learned counsel for petitioner also submitted that the petitioner is not engaged in abkari business, as alleged by the respondent. The address given in the records is totally different from that of the petitioner. Petitioner is very much available in his residence. He is having a permanent address but, no enquiry is made about the petitioner and the Excise Officials have shown him as absconding. There is evidently a mistake in the identity. Hence, he requests for anticipatory bail. 5. After hearing both sides and perusing the case diary, I find that it is only fit and proper to grant anticipatory bail to the petitioner, especially in the light of the discrepancy relating address of petitioner. Hence, the following order is passed: BA No.5232/08 3 Petitioner shall be released on bail in the event of his arrest on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will report before the Investigating Officer as and when directed and make himself available for interrogation. The petition is allowed. K.HEMA, JUDGE csl