IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Bail Appl..No. 5183 of 2008() ----------------------------- CRIME NO. 13/2007 OF PERAVOOR EXCISE RANGE PETITIONER : ACCUSED ------------------------ PAZHEDATH RAJAN, S/O. GOPALAN, PAREMMAL HOUSE, THOLAMBRA AMSOM, KANNUR. BY ADV. SRI.V.BINOY RAM RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5183 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 55(a) of the the Abkari Act. According to prosecution, petitioner was found in possession of five litres of illicit arrack on 29-7-2007 at 1.30 p.m. He could not be arrested, since he ran away from the spot. 3. Learned counsel for the petitioner submitted that petitioner sustained serious fracture of pelvis, fracture dislocation of corpus and fracture at various other sites also. He underwent surgery for these fractures and he is under treatment even now. Medical records are produced which would show that he was admitted on 16-3-2007 with a history of a fall and there were fractures on several parts of the body including pelvis. Annexures_1 and 2 are the records. Petitioner was discharged on 26-3-2007, but as per medical certificate issued on 21-2- 2008, he is still undergoing treatment. Learned counsel for the petitioner strongly contended that it was impossible for the petitioner even to walk properly on the date of occurrence and it is highly unbelievable that he ran away and escaped and he could not be caught by the Excise officials. BA 5183/08 -2- 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail to the petitioner on conditions. I am satisfied that anticipatory bail can be granted to petitioner and the following order is passed:- Petitioner shall be released, in the event of his arrest, on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he will make himself available for interrogation as and when directed by the Investigating Officer and will co-operate with the investigation. The application is allowed. K. HEMA, JUDGE. mn.