Saji vs State Of Kerala on 16 January, 2008

Kerala High Court
Saji vs State Of Kerala on 16 January, 2008




Bail Appl No. 213 of 2008()

                      ...  Petitioner


                       ...       Respondent

                For Petitioner  :SRI.R.ARUN RAJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :16/01/2008

 O R D E R
                               R.BASANT, J
                         B.A.No.213 of 2008
              Dated this the 16th day of January, 2008


Application for anticipatory bail. Petitioner faces allegations

under the Kerala Abkari Act. The crux of the allegations against

the petitioner is that he was found in his house with a bottle of

liquor containing 200 ml of Rum and a glass. The petitioner has

antecedents of involvement in abkari offences. He is accused in

2 other crimes. Obviously drawing inference from his prior

conduct, the excise party wanted to apprehend him. He took to

his heels and could not be apprehended. Crime has been

registered. Investigation is in progress. The petitioner

apprehends imminent arrest.

2. The learned counsel for the petitioner argues that even

if the entire allegations were accepted, there is nothing culpable

in the conduct of the petitioner. Merely because he has earlier

involvement in abkari offences, false and vexatious allegations

are being raised against him. The petitioner is entitled to

consume liquor at his residence and the possession of 200 ml of

Indian Made Foreign Liquor which is not even alleged to be

B.A.No.213 of 2008 2

spurious cannot amount to any offence. In fact, the counsel

submits that it is a perverse inference drawn solely because of the

prior instances of alleged culpability. The petitioner does not

deserve to endure the trauma of arrest and detention. Solely

because he is involved in previous offences, he may not be left to

endure the trauma of arrest and detention. Anticipatory bail may

be granted to the petitioner, it is prayed.

3. The learned Public Prosecutor does not oppose the

application. I have gone through the entire materials available in

this case. I am unable to perceive any specific features which can

suggest that the petitioner has committed the offence under

Section 55(i) of the Kerala Abkari Act. The mere fact that he is

involved in earlier offences does not justify the drawing of any

inference from his prior conduct. I am satisfied that the

petitioner can be granted anticipatory bail. Appropriate

conditions can of course be imposed.

4. In the result, the Bail Application is, allowed. The

following directions are issued under Section 438 Cr.P.C.

i) The petitioner shall appear before the learned

Magistrate at 11 a.m on 23.01.2008. He shall be enlarged on

regular bail on his executing a bond for Rs.25,000/- (Rupees

B.A.No.213 of 2008 3

Twenty Five thousand only) with two solvent sureties each for the

like sum to the satisfaction of the learned Magistrate;

ii) The petitioner shall make himself available for

interrogation before the Investigating Officer between 10 a.m and

3 p.m on 24.01.2008 and thereafter as and when directed by the

Investigating Officer in writing to do so;

iii) If the petitioner does not appear before the learned

Magistrate as directed in clause (i), directions issued above shall

thereafter stand revoked and the police shall be at liberty to

arrest the petitioner and deal with him in accordance with law as

if those directions were not issued at all;

iv) If the petitioner were arrested prior to his surrender on

23.01.08 as directed in clause (1) above, he shall be released

from custody on his executing a bond for Rs.25,000/- (Rupees

Twenty Five thousand only) without any sureties undertaking to

appear before the learned Magistrate on 23.01.08.


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