IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 6151 of 2008() ----------------------------- CRIME NO.554/2008 OF BALUSSERY POLICE STATION, KOZHIKODE PETITIONER (S): -------------------- KANARAKUTTY, S/O.CHOYI, 49 YEARS, VADAKKE KANNACHAM VEETTIL, UNNIKULAM AMSOM, KOYILANDI TALUK KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- S.H.O., BALUSSERY POLICE STATION KOZHIKODE, REP. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6151 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October,2008 O R D E R Petition for anticipatory bail. 2. According to the prosecution, three cans were seized from a shed attached to petitioner's house and there were 105 litres of arrack in them. The search was conducted on 7-9-2008. A case was registered against petitioner under section 55(g) of the Abkari Act. 3. Learned counsel for the petitioner submitted that some arrack was seized from property of somebody else and petitioner was falsely implicated in the offence. Petitioner is not involved in any other crime. Petitioner is a coolie and an attempt is made to implicate him falsely in an offence under the Abkari Act. Annexure-A3 is a copy of the complaint sent to Dy. S.P. By petitioner on 19-9-2008 requesting to conduct a proper investigation to find out the truth. He also relies upon two paper reports marked as Annexures-A1 and A2 which reveal that raid was conducted in a vacant land and one “Mangad Neroth Pandaraparambil” Kanarakutty was implicated as accused (vide Annexure-A2). In Annexure-A1, the name of the accused is shown BA 6151/08 -2- as Mangad Pandaraparambil Kanarankutty. Petitioner's address is “Vadakke Kannacham Veettil”, as revealed from the voters identity card, it is submitted. 4. Learned Public Prosecutor submitted that no reliance can be placed on paper reports. It is submitted that the articles were not seized from the vacant land, but from the shed attached to the house of petitioner. The details of petitioner given in the records tally with the details in the identity card and there is no mistake in the identity of the petitioner, it is submitted. 5. On hearing both sides, I find that petitioner can be granted anticipatory bail, considering the contentions raised on both sides. 6. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and in the event of his arrest, if any, 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 arresting officer, on condition that he shall make himself available for interrogation by the BA 6151/08 -3- Investigating Officer as and when directed and shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.