IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Bail Appl..No. 5506 of 2008() ----------------------------- CRIME NO.473/08 OF PATTAMBI POLICE STATION, PALAKKAD PETITIONER : ACCUSED ------------------------ PADMANABHAN @ MANI, AGED 42, S/O. UNNKRISHNAN NAIR, PUTHENVEETTIL, MARUTHUR.P.O, ANDALADI, PATTAMBI, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5506 of 2008 ----------------------------------------- Dated this the 18th September, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, when the police party was proceeding, they found a person getting out an auto rickshaw and running away. On examination, it was found to contain a bag in which some bottles of Indian made foreign liquor were seen. Those were seized. A total quantity of 9.9 litres of Indian made foreign liquor was seized and the person, who ran away is stated to be the petitioner. 3. Learned counsel for petitioner submitted that the article seized is Indian made foreign liquor and the police has no case that it is illicit. Those are purchased from the Beverages Corporation. The petitioner was not present in the auto rickshaw and if at all entire allegations are accepted, offence will only fall under Section 63 of the Abkari Act as laid down in Mohanan v. State of Kerala (2007(1) KLT 845 DB). 2 4. On hearing both sides and on going through the case diary, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and he shall be released on bail in the event of his arrest, on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall make himself available for interrogation as and when directed. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM. iv) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.