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. 6510 of 2008() ----------------------------- CRIME NO.23/08 OF NADAPURAM EXCISE RANGE OFFICE, VADAKARA PETITIONER/ACCUSED -------------------------------------- ANISH, AGED 28 YEARS, S/O.SOMAN CHEEKKILOTT HOUSE, VATTOLLI P.O. CALICUT, RESIDING AT PANACHIKKAL HOUSE, ENADI, BRAHMANGALAM, VAIKOM TALUK. BY ADV. SRI.P.V.PRAKASAN SRI.S.RUSSEL SRI.R.SAJEEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, NADAPURAM. PUBLIC PROSECUTOR SRI.M..S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6510 of 2008 ------------------------------------------------- Dated this the 30th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, petitioner was found in possession of 3.600 litres of Indian made foreign liquor. On seeing the Excise Officials, he abandoned the articles and ran away. The incident happened on 7.9.2008. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. Another 'Anish' was involved in the offence, but, due to his political influence, he was exonerated and petitioner who has the same name was falsely implicated. Petitioner is a native of Brahmapuram and he had gone to Vadakara for meeting his ailing mother and he was not even present at the scene. He was actually attending his ailing mother on the date and time of alleged incident. 4. Learned public prosecutor submitted that petitioner was found in possession 3.600 litres of liquor which is in excess of the permissible quantity and anticipatory bail may not be BA No.6510/08 2 granted in an offence under the Abkari Act. 5. On hearing both sides, it appears prima facie that the allegation that petitioner was in possession of more than the permissible quantity of Indian made foreign liquor would constitute only offence under Section 63 of Abkari Act, as laid down in (2003(2) KLT 173) Sabu vs. State of Kerala. As per the dictum laid down in the said decision, mere possession of excessive quantity of Indian made foreign liquor will constitute only offence under Section 63 of the Abkari Act. However, it is likely that petitioner may be arrested in connection with the offence under Section 55(a), which is non-bailable, and he may be detained in custody. Hence, the following order is passed: Petitioner shall surrender before the Magistrate court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the BA No.6510/08 3 Investigating Officer within seven days from the date of release on bail and co-operate with the investigation. (ii) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl