IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6669 of 2008() ----------------------------- (CR. NO.45 OF 2008 OF EXCISE RANGE OFFICE, ANGAMALI, ERNAKUKLAM DISTRICT.) PETITIONER/ACCUSED NO.2 ------------------------------------------- A.B.VIJAYAKUMAR, AGED 57 YEARS, S/O.A.G.BHASKARAN, AMBATTU HOUSE, KOTHAKULANGARA, ANGAMALI, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANGAMALI ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6669 & 6725 of 2008 --------------------------------------------------- Dated this the 30th day of October, 2008. ORDER These petitions are for anticipatory bail. 2. The alleged offences are under Sections 55(a) and (i) of the Abkari Act. According to prosecution, a search was conducted in the Presidency Club by the Excise officials and 7.25 litres of Indian made foreign liquor and 7.800 litres of beer were seized from the premises. Members of the Club were present in the Club and the Manager was also present. A crime was registered against the Manager. Later, his name was deleted and A1, who is the Accountant and A2, who is the Secretary, are included in the array of accused for possession of the contraband article and it is alleged that those articles were stored for the purpose of sale. 3. Petitioner in B.A.No.6725 is A1 and petitioner in B.A.No.6669 is A2 in the crime, who are Accountant and Secretary of the Club respectively. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. Admittedly, they were not even present at the scene. It was the Manager, who was present in the club at the time of search and originally he was implicated in the offence and later his name was deleted. As per the [B.A.No.6669 & 6725/08] 2 instructions, some of the members had brought liquor for personal consumption and the allegation that liquor was kept for sale is not correct. It is also submitted that no evidence is available even to suspect that any sale, was conducted in the premises. In the absence of any evidence for sale, this is only a case of mere possession of Indian made foreign liquor above the permissible quantity, and it will attract only offence under Section 63 of Abkari Act, as laid down in Sabu v. State of Kerala (2003)(2) KLT 173). 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the investigating officer and co-operate with the investigation and subject to that, he has no objection in granting anticipatory bail. Hence, the following order is passed. 1) Petitioners shall surrender before the investigating officer within seven days from today and co-operate with the investigation. 2) In the event of arrest, petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: [B.A.No.6669 & 6725/08] 3 i) Petitioners shall report before the investigating officer as and when directed. ii) Petitioners shall not commit any offence while on bail. Petitions are allowed. K. HEMA, JUDGE. Krs.