IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7795 of 2009()
1. DURGA PRASAD SHETTY K., AGED 27 YEARS,
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7795 of 2009
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Dated this the 21st day of January, 2010
O R D E R
When the Bail Application came up for hearing on
13/01/2010, the following order was passed:
“This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The
petitioner is the accused in Crime No.36 of 2009 of
Kumbla Excise Range, Kasaragod District. 2. The
offence alleged against the petitioner is under Section
55(a) of the Abkari Act.
3. The prosecution case is that on 11.12.2009
at 6.10 PM, the petitioner was found in possession of
twenty bottles of Indian Made Foreign Liquor, each
bottle containing 180 ml., and five litres of arrack. It
is alleged that the petitioner was carrying the
contraband articles and he abandoned the articles and
left the place on seeing the Excise party. Therefore,
the petitioner could not be arrested.
4. The petitioner alleges that the case was
foisted against him. He has sent a detailed
representation to the Honourable Minister of Excise
with copy to the Chief Minister of Kerala, Home
Minister and Excise Commissioner. Annexure I is the
petition. The petition is not dated. The learned
B.A. No. 7795/ 2009
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counsel for the petitioner has produced the postal
receipts as Annexure 2 series. It is submitted that
Annexure 2 series relate to Annexure I representation.
5. In Annexure I representation, it is stated that
on 9.12.2009 at about 5.30 PM, while the petitioner
was driving a jeep, the jeep of the Excise party was
behind the jeep driven by the petitioner. The
petitioner could not give side to the jeep of the Excise
party because of the condition of the road at the
relevant place. The jeep of the Excise party overtook
the vehicle driven by the petitioner and the petitioner
was threatened with dire consequences for not having
given side to the jeep. In Annexure I, it is also stated
that on 10.12.2009 and on 11.12.2009, some
persons, stating that they are the Excise people, had
come to the house of the petitioner. At that time the
petitioner was not in the house. They threatened the
mother of the petitioner.
6. The prosecution case is that the crime was
detected by the Circle Inspector of Excise and after
seizure, it was forwarded to the Excise Inspector,
Kumbla.
7. Taking into account the facts and
circumstances of the case, I am of the view that
before disposing of the Bail Application, an opportunity
should be given to the petitioner to appear before the
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investigating officer. Accordingly, there will be a
direction to the petitioner to appear before the
investigating officer at 9 AM on 16th and 17th January,
2010. The petitioner shall produce a copy of the order
before the investigating officer.
8. Post on 21st January, 2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.36 of 2009 of
Kumbla Excise Range, Kasaragod District. ”
2. It is submitted by the learned counsel for the
petitioner as well as the learned Public Prosecutor that the
petitioner has complied with the direction contained in the order
dated 13/01/2010.
3. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of the arrest of the
petitioner, the officer in charge of the police station shall release
him on bail on his executing bond for Rs.15,000/- with two
solvent sureties for the like amount to the satisfaction of the
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officer concerned, subject to the following conditions:
A) The petitioner shall report before the
investigating officer between 9 A.M and 11 A.M.
on alternate Mondays, till the final report is filed
or until further orders;
B) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail.E) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
scm