IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3712 of 2008()
1. SHAYAMLAL.D.,PUTHUVAL VELI,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.TITUS MANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/09/2008
O R D E R
K. HEMA, J.
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B.A.No. 3712 of 2008
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Dated this the 10th day of June, 2008
O R D E R
Application for anticipatory bail.
2. Petitioner is the 2nd accused in the crime. There are two more
accused in this case. A crime is registered against them for offences under
section 8(1) and (2) and 55(a) and (g) of the Abkari Act. The learned
counsel for the petitioner submitted that the petitioner is innocent of the
allegations made. There is nothing on record to show that the petitioner is
actually involved in possession of liquor. It is pointed out that the
allegations in the First Information Statement themselves will reveal this
fact.
3. The allegation against the petitioner is that he was standing on the
road in front of a temple, when the excise party came to the spot. On
questioning, the petitioner stated that coffee was being spoiled in the 1st
accused’s house. When the police party proceeded to the said house, he
gave an alarm to the other accused about the presence of the police and he
ran away. He could not be arrested.
4. This application is opposed. On going through the records, I find
that the only allegation against the petitioner is that he was found on the
BA 3712/08 -2-
road and he gave alarm to the other accused to ran away, when the police
approached him. There is no case that the petitioner is involved in any
other offence. The learned counsel for the petitioner submitted that
Annexure-A reveals that the petitioner is getting an employment in the
Electricity Board and in case anticipatory bail is not granted his future will
be spoiled.
4. In the result, the following order is passed:-
1) Petitioner is directed to appear before the Investigating Officer
within ten days from to day, in which event he will make himself available
for interrogation and thereafter he shall be produced before the Magistrate
Court concerned.
2). On production of the petitioner before the court, he shall be
released on bail o his executing a bond for Rs.25,000/-with two solvent
sureties each for the like amount to the satisfaction of the lower court on
the condition that he will make himself available for interrogation as and
when directed.
This application is allowed as above.
K. HEMA,
JUDGE.
mn.