IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5684 of 2008()
1. ABHILASH (ABHISH), S/O.SOMAN, AGED 25
... Petitioner
Vs
1. EXCISE INSPECTOR, UDUMBANCHOLA
... Respondent
For Petitioner :SRI.K.V.SABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/09/2008
O R D E R
K.HEMA, J.
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B.A.No.5684 of 2008
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Dated this the 19th day of September, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 55(i) of Abkari
Act. According to prosecution, petitioner and the fourth accused
are running a hotel by name Sreekrishna and on inspection of
the hotel, 37 bottles of Indian made foreign liquor containing a
total quantity of 30 litres were seized. The first and the second
accused who were present at the hotel were arrested from the
spot. On the confession made by them, petitioner and the fourth
accused were also brought into the array of accused.
3. Learned counsel for the petitioner submitted that
fourth accused is the owner of the building and petitioner is his
nephew. As per Annexure AI agreement, hotel is run by the
second accused and it is the second accused who deliberately
implicated the petitioner, who has nothing to do with the
building, it is submitted. It is also pointed out that even as per
the allegations, petitioner was not present anywhere near the
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spot at the time of offence.
4. This petition is opposed. Learned public prosecutor
conceded that according to prosecution, the petitioner was not
present at the spot and that no licence was issued to anybody to
conduct hotel. Petitioner was implicated only by the confession
made by the first and the second accused. There is no licence for
running a hotel to anybody.
5. On hearing both sides, I find that except the
confession made by the first and the second accused, there is
nothing to connect petitioner with the crime. The property
belongs to fourth accused and Annexure AI prima facie shows
that the hotel is run by the second accused and he was arrested
from spot. In the above circumstances, I find that anticipatory
bail can be granted to the petitioner.
Hence, the following order is passed:
(1) Petitioner shall surrender before the Investigating
Officer within seven days from today and he shall
subject himself to interrogation.
(2) Thereafter, he shall be released on bail in the event of
his arrest on his executing bond for Rs.25,000/- with
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two solvent sureties each for the like sum to the
satisfaction of the arresting officer on the following
conditions:
(i) He shall report before the Investigating
Officer as and when directed.
(ii) He shall co-operate with the investigation
as and when directed.
(iii) He shall not commit any offence while on
bail.
The petition is allowed.
K.HEMA, JUDGE
csl