IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 7629 of 2008() ----------------------------- CRIME NO.351/2008 OF NEDUMANGADU POLICE STATION PETITIONER(S): 6TH ACCUSED:- -------------------- SATHEESH KUMAR, S/O.BAHULEYAN GEETHANJALI HOUSE, PARIYARAM, VENCODE PO., VATTAPPARA, TRIVANDRUM. BY ADV. SRI.M.SREEKUMAR SRI.K.P.JAYACHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEDUMANGADU POLICE STATION NEDUMANGADU. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7629 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 8(2) and 57(a) of the Abkari Act. According to prosecution, accused 1 to 4 were found mixing toddy with spirit from a toddy shop. Accused 5 to 7 are joint licensee of the shop. Therefore, they are also implicated in the offence. The detection of the crime was on 4-7- 2008. 3. Learned counsel for petitioner submitted that petitioner is 6th accused in the crime and he is a joint licensee of the toddy shop from where the contraband article was seized. The shop was closed on 1-5-2008, since the licensees were not complying with some licence conditions. Therefore, petitioner is not actually running the shop and the shop is not in his possession. If any person have committed any offence within the premises, petitioner is not liable for the alleged offences. At the most, it may amount to an offence falling under section 64(a) of the Abkari Act, which is a bailable offence. 4. But, if petitioner is arrested, it is likely that he will be remanded, in which event, he will suffer irreparable injury and loss. Learned counsel for petitioner also pointed out that during the pendency of the petition, petitioner was directed to report BA 7629/08 -2- before the Investigating Officer and make himself available for interrogation to substantiate his innocence. Accordingly, he has reported and he was questioned also. 5. Learned Public Prosecutor submitted that it is sufficient if petitioner is directed to report before the Investigating Officer as and when directed, he has no objection in granting anticipatory bail to the petitioner on conditions. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, 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. BA 7629/08 -3- ii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.