IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 7901 of 2008(E) ------------------------------------- CRIME NO.534/2008 OF THE VIZHINJAM POLICE STATION .................... APPLICANT/2ND ACCUSED : --------------------------------- T.J.YELDOKUNJU, S/O.T.P.YACOB, BHADRA-265, GEETHA BHAVAN, VANGANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE, VIZHINJAM). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7901 OF 2008 ---------------------------------- Dated this the 18th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 55(a) and (i) of Abkari Act. According to prosecution, 60 bottles of beer having a capacity of 650 ml. and 12 bottles of wine of 750 ml. each were seized from the fridge of a resort. Petitioner is the Manager of the resort and he has acted in violation of Section 55(a) and (i) of Abkari Act, is the allegation. 3. Learned counsel for petitioner submitted that petitioner has not committed any offence. Bottles belong exclusively to the foreigners, who had come to the resort and they were allowed to keep bottles there. The contraband articles belong to foreigners and not to petitioner. Documents are available to substantiate the contentions and all these facts are supported by documents, Annexures I to XIV. During the pendency of this petition, petitioner requested for an opportunity to substantiate his innocence before the investigating officer and accordingly, a direction was issued to B.A.No.7901 of 2008 2 him to report before the investigating officer and make himself available for interrogation on 09.02.2009. Petitioner reported before the investigating officer and he was questioned. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the investigating officer as and when directed. Subject to this, he has no objection in granting anticipatory bail. It is also submitted that the details are being investigated into. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner and 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 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 and co-operate with the investigation. B.A.No.7901 of 2008 3 ii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac