IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 4691 of 2008() ----------------------------- CMP.2211/2008 of J.M.F.C.-II,TRIVANDRUM CRIME NO.234/08 OF PEROORKADA POLICE STATION PETITIONER ----------------- RENJITH @ KUTTAN S/O.SOMAN, MULLUSSERY VEEDU TC.4/1361, ANIYAN LANE, AMBALA NAGAR KURAVANKONAM WARD KOWDIAR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: ------------- SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4691 of 2008 ----------------------------------------- Dated this the 13th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and (h) of the Abkari Act. According to prosecution, on 22.6.2008 at about 8.30 PM, the petitioner was found in possession of 170 litres of spirit in five cans and he was arrested from the spot. He was produced before the Magistrate Court on 23.6.2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that the case is falsely foisted against the petitioner. According to him, the petitioner was taken into custody from his house on 21.6.2008 and he was kept in custody of the police. Petitioner was physically tortured at the police station and he sustained a fracture also on his leg at the hands of police. His wife moved a petition for Habeas Corpus before this Court as WP(Crl.). 222 of 2008 on 23.6.2008. It was only then that petitioner was produced before court stating that he was arrested from a different place and that he was involved this crime etc. Since BA.4691/08 2 the accused was produced, the writ petition was dismissed recording that he was produced before the Magistrate Court. 4. According to learned counsel for petitioner, police was forced to produce petitioner before the court because of filing of the Habeas Corpus by fabricating a false case against him. The petitioner is involved in some theft cases but he has not committed any offence under the Abkari Act. Petitioner made a complaint before the Magistrate Court regarding the assault at the police station. 5. Learned Public Prosecutor pointed out that as per the case diary, petitioner was arrested on 22.6.2008 from the scene of occurrence while he was found committing offence under the Abkari Act. The other allegations are denied. Learned Public Prosecutor also submitted that the petitioner is involved in other theft cases and there is only one case under the Abkari Act against the petitioner. He also submitted that if bail is being granted, it may be on stringent conditions. 6. On hearing both sides, I am satisfied that the petitioner can be granted bail. BA.4691/08 3 7. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. Iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.