IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4164 of 2008() ----------------------------- CRMP.1453/2008 of J.M.F.C.,RANNI CRIME NO.68/2008 OF THE PERUNAD POLICE STATION PETITIONER/ACCUSED ----------------------------------- NISHANTH, S/O.GOPALAKRISHNAN, MODIMEPURATH, MADAMON, PATHANAMTHITA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR, PERUNAD POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4164 of 2008 ----------------------------------------- Dated this the 2nd July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Section 8(1) and (2) of the Abkari Act. According to prosecution, the petitioner was found in possession of 5 litres of arrack in a can on 15.4.2008. 3. Learned counsel for petitioner submitted that the petitioner surrendered before the Judicial Magistrate of First Class on 3.5.2008, on knowing that another false case was registered against him, at the influence of a politician by name, Saji and he was implicated in the offence under other circumstances. According to him, some articles were found in a bush and the petitioner and another gave information about this to the police and the police went to the spot and those articles were seized. The articles actually belonged to one Saji, who is a politician. The said person influenced police and they falsely fabricated a case against the petitioner and another. 4. Crime No.65/2008 was thus registered against the petitioner. Bail was also granted to the petitioner in that case by BA.4164/08 2 this Court as per a detailed order dated 10.6.2008 in B.A.No.3587 of 2008. Thereafter, it is submitted that utilising a portion of the contraband article seized from the scene, the present crime is registered against the petitioner. His arrest was recorded in this case on 24.5.2008. He is absolutely innocent of the allegations made, it is submitted. 5. Learned Public Prosecutor submitted that the petitioner is accused in another abkari case, Crime No.65/08. But the circumstances under which the petitioner was implicated in Crime No.65/2008 are considered by this Court in the order dated 10.6.2008 in B.A.No.3587 of 2008. 6. On hearing both sides and the circumstances under which Crime No.65/2008 was registered, which are discussed in detail in the order passed by this Court in B.A.No.3587 of 2008, I find that bail can be granted to the petitioner. 7. Hence, bail is granted to the petitioner on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Ranni. This petition is allowed. K.HEMA, JUDGE vgs.