IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Bail Appl..No. 3145 of 2010() ----------------------------- CRIME NO.27/2010 OF CHATHANNOOR EXCISE RANGE, KOLLAM DIST. (S): ACCUSED --------------------------- SANTHOSH, AGED 30 YEARS, S/O. SATHYA DEVAN, KAVAZHIKAM, MAYYANADU, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3145 of 2010 ---------------------------------------------- Dated 19th August, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(i) of the Kerala Abkari Act. According to prosecution, on 1.5.2010, at about 5.30 p.m., the Excise Inspector found petitioner carrying 11.2 litres of Indian Made Foreign Liquor. On seeing the Excise party, petitioner abandoned the articles and ran away. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. Petitioner is not involved in any other case. Two cases are registered against petitioner on the same day, one by the police and another by Excise officials. The date of occurrence in both the cases is same, that is, 1.5.2010. The time of occurrence in one of the cases is 5 p.m. and in the other case, it is 5.30 p.m. The place of occurrence lies at a distance of ½ kilometers. It is highly improbable that petitioner would be found engaged in the commission of offence under the Abkari Act at such places within half-an-hour. According to petitioner, there must be a mistaken identity and he BA NO. 3145/10 2 requested for explaining his innocence before the Investigating Officer. A direction was issued by this Court and accordingly, petitioner appeared before the Investigating Officer. He was questioned. 4. Learned Public Prosecutor submitted that petitioner obeyed the order of this Court and surrendered before the Investigating Officer and he was thoroughly interrogated. He has no objection in granting anticipatory bail on conditions. 5. On hearing both sides, I pass the following order : (1) Petitioner shall, in the event of his arrest, be released on bail 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 report before the Investigating Officer as and when directed and co-operate with the investigation. (ii) Petitioner shall not commit any offence, while on bail. BA NO. 3145/10 3 (2) This order will be in force only for a period of 30 days from today. In the meanwhile, whether petitioner is arrested or not, petitioner may seek regular bail from the court concerned. Petition is allowed. K.HEMA, JUDGE. tgs