IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 481 of 2009()
1. RAJESH, S/O.NARAYANAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/02/2009
O R D E R
K. HEMA, J.
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B.A. No. 481 of 2009
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Dated this the 18thday of February, 2009
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 55(a) and (i) of
the Abkari Act. According to prosecution, on 1-1-2009 1st
accused was found in possession of nine litres of artificial Indian
Made Foreign Liquor. On investigation, it is revealed that it was
given to the 1st accused by the 2nd accused. 62 bottles of
contraband articles were seized from bushes, as per the
information given by 2nd accused. According to 2nd accused, the
contraband articles were given by 3rd accused. It is also
revealed that petitioner who is the 3rd accused had kept 35 litres
of spirit and 20 bottles of artificial Indian Made Foreign Liquor
on the terrace of partly constructed house of one Antony . The 1st
and 2nd accused were also arrested.
3. Learned counsel for petitioner submitted that
petitioner is falsely implicated in the offence. An attempt was
made by the Sub Inspector of Police to implicate petitioner
under the K.A.P. Act, but the proceedings were dropped by the
District Collector. Hence, the Sub Inspector with a view to
create false records, implicated the petitioner in this case.
Petitioner met with an accident on 22-12-2008 and he was
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admitted in the hospital, as evidenced by Annexure-A. On 1-1-
2009 he was in the hospital and he was discharged only on 3-1-
2009, as seen from Annexure-A. It is also seen from Annexure-A
that on 26-12-2008 also petitioner was in the hospital, though
the date of admission and discharge are shown as 22-12-2008
and 23-12-2008 in Annexure-A. Though petitioner was
discharged from the Primary Health Centre on 23-12-2008, he
was admitted in St. James Hospital on 26-12-2008, as per
Annexure-A, it is submitted.
4. Learned Public Prosecutor submitted that as per the
materials in the case diary, petitioner has kept the contraband
article in the terrace and he had supplied the same to the 2nd
accused. The investigation is at the initial stage and petitioner is
required for arrest and interrogation. The mere fact that
petitioner met with an accident on 22-12-2008 will not absolve
him from the liability of possession of contraband article which
was seized only on 1-1-2009.
5. On hearing both sides, considering the rival
contentions, at this stage it is not possible to conclude that
petitioner had not kept the article, as alleged. The date on which
the article is kept is to be ascertained and the prosecution does
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not seem to have a case that it was kept on 1-1-2009.
Considering the serious nature of allegations made, I am
satisfied that this is not a fit case to grant anticipatory bail.
Petitioner is bound to surrender. Hence, the following order is
passed:-
1) Petitioner is directed to surrender before the
Investigating Officer without any delay and co-
operate with the investigation. Whether he
surrenders or not, police is at liberty to arrest
him and proceed in accordance with law.
2) No further application for anticipatory bail by
petitioner in this crime will be entertained by
this Court, since on the facts in this case, this
Court ordered that this is not a fit case to grant
anticipatory bail and any order to the contrary in
any subsequent anticipatory bail application will
amount to review, which is impermissible in law.
The petition is dismissed.
K.HEMA, JUDGE.
mn.