IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Bail Appl..No. 4505 of 2008() ----------------------------- CMP.2456/2008 of J.M.F.C., KAYAMKULAM (CRIME NO.44/2008 OF KAYAMKULAM EXCISE RANGE) PETITIONER-ACCUSED ----------------------------------- ANILKUMAR @ SANTHOSH, S/O.LEKSHMANAN, NEDUVELIL, KEERIKKAD, THEKKUM MURI, KAYAMKULAM. BY ADV. SRI.S.MOHANAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4505 of 2008 ----------------------------------------------- Dated this the 16th day of July, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 55(i) of the Abkari Act. According to prosecution, the petitioner was found selling Indian made foreign liquor on 2.7.2008 at about 6.30 p.m. in front of his shop by the side of the public road. The article involved is 700 ml. of Indian made foreign liquor. 3. The petitioner was arrested on the same day and he is in custody since then. Learned counsel for the petitioner submitted that petitioner is running a provision shop and he is having fairly good business and he is paying licence fee of Rs.572/-, as evidenced by Annexure-A3. The copy of the licence also is produced as Annexure- A2. He is a member of the Kerala State Vyapari Vyavasai Samithi, as evidenced by Annexure A4. But, the petitioner was falsely implicated in a case of this nature only because of the animosity of one of his relatives, who is an Assistant Commissioner, Excise. It is also pointed out that the article is only 700 ml. of Indian made foreign liquor and the place of occurrence is in front of the shop of the petitioner himself by the side of the road, which themselves indicate the improbability [B.A.No.4505/08] 2 in the allegations made, it is submitted. 4. Learned Public Prosecutor submitted that petitioner is not involved in any other offence and taking into consideration the quantity of liquor involved and also the period of detention, he has no objection in granting bail on conditions. 5. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Sunday between 10 A.M. and 1 P.M. until further orders. Petition is allowed. K. HEMA, JUDGE. Krs. [B.A.No.4505/08] 3