IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5606 of 2008() ------------------------------------ CRIME NO.16 OF 2007 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED : ----------------------------- MANOJKUMAR, AGED 31 YEARS, S/O OMANAKUTTANPILLAI, KARTHIKAPPALLY, VADAKKATHIL, KUTHIRAPPANTHI P.O., THAZHAVA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS/ STATE : ----------------------------- 1. THE EXCISE INSPECTOR, KARUNAGAPPALY EXCISE RANGE, KARUNAGAPPALLY, 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5606 OF 2008 ------------------------------ Dated this the 17th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to the prosecution, on 27.01.2007, 2.250 litres of arrack was found in the property of one Madhavan and it was seized. The present allegation is that the said article was kept at the place by the petitioner herein. 3. Learned counsel for the petitioner submitted that the petitioner has absolutely no connection with the article seized. Admittedly, the petitioner was nowhere near the place of occurrence at the time of seizure. He belongs to a totally different locality, far away from the place of occurrence, at a distance of more than half a kilometer. The person who has kept the contraband article is described in the prosecution records as 'Manoj, aged 23 years, S/o.Omanakuttanpillai, Kochuveettil, Thekkum Muri West'. But the details of the petitioner do not tally with the said description. The petitioner is Manoj Kumar, aged 31 B.A.5606 of 2008 2 years, as evidenced by Annexure A1, the extract of the S.S.L.C. Book. His postal address is “Karthikappally - Vadakkathilveedu, N.W.Thazhava, Kuthirapanthi P.O.” (by Annexure A1). There is evidently some mistake in the identity of the accused and the petitioner has absolutely nothing to do with the contraband article, it is submitted. 4. Learned Public Prosecutor conceded that the age of the accused is shown as 23 years as per the prosecution records. But according to him, the details are revealed from an enquiry made with the people of the locality and the petitioner is the person who is involved in the incident. On hearing both sides, considering the discrepancy in the address and particularly the age, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: The petitioner shall surrender before the Investigating Officer within 7 days from today and in the event of his arrest, if any, he shall be released on bail on his executing bond for B.A.5606 of 2008 3 25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on condition that he shall co-operate with the investigation and report before the Investigating Officer as and when directed. The petition is allowed. K.HEMA, JUDGE pac