IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6007 of 2008() ----------------------------- (CRIME NO.2266 OF 20008 OF ALUVA POLICE STATION) PETITIONER/ACCUSED NO.3: --------------------------------- P.K.BABU, S/O.KUMARAN, AGED 58 YEARS, PARASSERY HOUSE, PARAVUTHARA, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, 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 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6007 of 2008 --------------------------------------------------- Dated this the 15th day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 120(b) IPC and 58, 57A and 57 of the Kerala Abkari Act. According to prosecution, a vehicle was found capsized into a property and a person was found sleeping in the vehicle. He was removed to the hospital. He was the driver of the vehicle (A1). On questioning, it was revealed that he had supplied 8 cans of spirit to his toddy shop of the petitioner and hence he is implicated as accused no.3 (A3). It was also revealed that the vehicle and the spirit, which were found in the vehicle, belonged to the 2nd accused. 2. Learned counsel for the petitioner submitted that petitioner is innocent of the allegations made. The first accused was in a highly intoxicated state, without even been able to take care of himself, and he was admittedly found sleeping in the capsized vehicle, which was driven by him. As per the statement given by him, 8 cans of spirit were unloaded in the petitioner's toddy shop and the accident happened on his way back. A search was conducted, on instruction by [B.A.No.6007/08] 2 the Dy.S.P., by two police officials one from Aluva Police Station and another from North Paravur Police station and neither of them could trace out any spirit or cans from the toddy shop. But the petitioner is facing arrest on the basis of information given by a highly intoxicated person, which cannot be true. Petitioner has explained all these facts to the investigating officer while he was interrogated as per direction of this Court. 3. It is also submitted that except the confession statement made by the first accused, there is absolutely nothing on record to connect the petitioner with the crime. No witness has stated that the article was unloaded in the petitioner's toddy shop. If, as a matter of fact, the spirit was unloaded in the petitioner's toddy shop, in all probabilit,y it would have been found in the petitioner's shop. But the absence of spirit in the shop itself is sufficient to prove the petitioner's innocent, it is submitted. 4. Learned Public Prosecutor submitted that the investigation is in progress. The information regarding petitioner's involvement is only on the basis of first accused's statement and so far nothing more revealed than the statement given by the first accused. The petitioner will be required for interrogation, in case any new materials are brought out during investigation. In such circumstances, he has no objection in granting anticipatory bail on conditions. It may be made [B.A.No.6007/08] 3 clear that anticipatory bail is liable to be cancelled in case fresh materials are received against petitioner's involvement in the crime, it is submitted. On hearing both sides, I pass the following order: 1) Petitioner shall surrender before the Magistrate court and, if any bail application is filed, he shall 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 learned Magistrate on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not tamper with evidence or commit any offence while on bail. iv) In case any fresh incriminating materials are received against the petitioner, the bail granted is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.