IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5506 of 2008()
1. PADMANABHAN @ MANI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/09/2008
O R D E R
K.HEMA, J.
-----------------------------------------
B.A.No.5506 of 2008
-----------------------------------------
Dated this the 18th September, 2008
O R D E R
This petition is for anticipatory bail.
2. According to prosecution, when the police party was
proceeding, they found a person getting out an auto rickshaw
and running away. On examination, it was found to contain a
bag in which some bottles of Indian made foreign liquor were
seen. Those were seized. A total quantity of 9.9 litres of Indian
made foreign liquor was seized and the person, who ran away
is stated to be the petitioner.
3. Learned counsel for petitioner submitted that the
article seized is Indian made foreign liquor and the police has
no case that it is illicit. Those are purchased from the
Beverages Corporation. The petitioner was not present in the
auto rickshaw and if at all entire allegations are accepted,
offence will only fall under Section 63 of the Abkari Act as laid
down in Mohanan v. State of Kerala (2007(1) KLT 845 DB).
2
4. On hearing both sides and on going through the case
diary, I find that anticipatory bail can be granted to the
petitioner.
Hence, the following order is passed:
Petitioner shall surrender before the
investigating officer within seven days from today
and he shall be released on bail in the event of his
arrest, on his executing a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the
satisfaction of the arresting officer, on the following
conditions:
i) Petitioner shall make himself available
for interrogation as and when
directed.
ii) Petitioner shall co-operate with
the investigation.
iii) Petitioner shall report before the
investigating officer on every
Monday and Thursday between 10
AM and 1 PM.
iv) Petitioner shall not commit any offence
while on bail.
Petition is allowed.
K.HEMA, JUDGE
vgs.