IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 6266 of 2009 CRIME NO.137 OF 2009 OF THALAPPUZHA POLICE STATION, WAYANAD PETITIONER: ACCUSED: ------------------------------ MOHANDAS, AGED 28 YEARS S/O.RAMAN, PULIMOOLA, VENMANI KUMBATTY PO, MANANTHAWADY, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA RERPESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6266 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.137 of 2009 of Thalappuzha Police Station, Wayanad District. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act 3. The prosecution case is that on 12.10.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 7.750 litres of Indian Made Foreign Liquor was seized from the scene of occurrence, which is the courtyard of the house of one Radha, sister of the petitioner. According to the prosecution, the accused ran away and, therefore, he could not be arrested. 4. The story put forward by the petitioner is contained in paragraph 3 of the Bail Application, which reads as follows: B.A. NO. 6266 OF 2009 :: 2 :: “3. It is submitted that the allegation itself is false and frivolous. The petitioner has not done anything illegal. The petitioner's grandmother Ammu died on 28.09.2009 at the age of 102 years and the 16th day of dermis was conducted on 12.10.2009 at the residence of Radha, who is none other than the sister of petitioner. They are Schedule Tribes belonging to 'Kurichya' community. Their relatives from about 40 houses have participated in the function. As per their customary rites, liquor and pork shall be supplied to the relatives on the 16th day of dermis. For that purpose, they together purchased 7 bottles of “Black Magic XXX Rum” from the outlet of Beverages Corporation and the same is used during the function arranged at the house of petitioner's sister. As the part of customary rites, the liquor was supplied to the relatives participated in the function and there was no illegal act at the residence. A true copy of the death certificate issued by the Panchayath is produced herewith and may be marked as Annexure A1.” 5. It is not necessary to decide whether the case put forward by the petitioner is true or not, at this stage. However, taking into account the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. B.A. NO. 6266 OF 2009 :: 3 :: 6. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/