IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6109 of 2009 CRIME NO.50 OF 2009 OF AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM. PETITIONERS/ACCUSED --------------------------------------- JUSTUS @ SAJEEV,S/O.DAVEED, SOUMYA BHAVAN,THAVAYATHUKONAM, KUNNATHUKAL VILLAGE,NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.THE SUB INSPECTOR OF POLICE, AMARAVILA EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6109 OF 2009 ------------------------------------------------------ Dated this the 23rd day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.50 of 2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 27.8.2009, the petitioner was found in possession of 2.5 litres of coloured arrack. It is submitted that he could not be arrested since he ran away. 4. The petitioner has moved this application for anticipatory bail stating that he was undergoing treatment in the Department of Psychiatry, Medical College Hospital, Thiruvananthapuram. Annexure A1 series of documents are produced to show that from April 2009 onwards he was under treatment. One of the discharge cards shows that the petitioner was in Alcohol Withdrawal State. B.A. NO. 6109 OF 2009 :: 2 :: The medical records would also reveal that spitting of blood was also noticed as a symptom. The petitioner is aged 45 years. 5. Taking into account the peculiar facts and circumstances of the case, 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.10,000/- 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 ahz/