IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH SEPTEMBER 2008 / 19TH BHADRA 1930 Bail Appl..No. 3712 of 2008() ----------------------------- CRIME NO. 82/2008 OF ALAPPUZHA NORTH POLICE STATION :PETITONER/2ND ACCUSED: ----------------- SHAYAMLAL.D.,PUTHUVAL VELI, AMBANAKULANGARA, MANNANCHERRY P.O., ALAPPUZHA 688 538. BY ADV. SRI.TITUS MANI SRI.SURAJ SUKUMARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLULAM. 2. THE SUB INSPECTOR OF POLICE, ALAPPUZHA POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON 10/06/2008 PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3712 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2008 O R D E R Application for anticipatory bail. 2. Petitioner is the 2nd accused in the crime. There are two more accused in this case. A crime is registered against them for offences under section 8(1) and (2) and 55(a) and (g) of the Abkari Act. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations made. There is nothing on record to show that the petitioner is actually involved in possession of liquor. It is pointed out that the allegations in the First Information Statement themselves will reveal this fact. 3. The allegation against the petitioner is that he was standing on the road in front of a temple, when the excise party came to the spot. On questioning, the petitioner stated that coffee was being spoiled in the 1st accused's house. When the police party proceeded to the said house, he gave an alarm to the other accused about the presence of the police and he ran away. He could not be arrested. 4. This application is opposed. On going through the records, I find that the only allegation against the petitioner is that he was found on the BA 3712/08 -2- road and he gave alarm to the other accused to ran away, when the police approached him. There is no case that the petitioner is involved in any other offence. The learned counsel for the petitioner submitted that Annexure-A reveals that the petitioner is getting an employment in the Electricity Board and in case anticipatory bail is not granted his future will be spoiled. 4. In the result, the following order is passed:- 1) Petitioner is directed to appear before the Investigating Officer within ten days from to day, in which event he will make himself available for interrogation and thereafter he shall be produced before the Magistrate Court concerned. 2). On production of the petitioner before the court, he shall be released on bail o his executing a bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the lower court on the condition that he will make himself available for interrogation as and when directed. This application is allowed as above. K. HEMA, JUDGE. mn.