Decided on October 31,2003

SURAJ Respondents


- (1.) This is a petition filed by the State for cancelling the anticipatory bail granted to the respondent by the Sessions Judge, Ernakulam, in Crl.M.C. No.219 of 2003 by order dated 14.2.2003.
(2.) The respondent is the 11th accused in Crime No.286 of 2002 of Thrikkakara Police Station registered under Ss.120B of the Indian Penal Code, 55(a), (g), (h), and (i), 56 and 57 of the Kerala Abkari Act. The petitioner filed Crl.M.C. No.219 of 2003 for anticipatory bail alleging that himself and one Majeed were falsely implicated as accused Nos.10 and 11 in the case only on the allegation that the 10th accused for and on behalf of himself and for the petitioner herein took demand drafts in favour of the Assistant Excise Commissioner in order to help the 9th accused for taking toddy shops in Ernakulam Excise Range. It is further averred that even if the allegation against the petitioner is admitted as such, no offence under the provisions of the Abkari Act is made out against him. The learned Sessions Judge, accepting the case of the petitioner, granted anticipatory bail to the petitioner without any time limit so as to enure till the end of the trial.
(3.) At or about 4.15 a.m. on 30.11.2002, a search was conducted at the godown situated in Palachuvadu. 13,860 litres of toddy alleged to have been mixed with spirit and 400 litres of spirit and utensils used for mixing the toddy with spirit were seized. 8 persons who were found engaged in preparing the illicit toddy were arrested. 10 vehicles kept in the premises for transporting the illicit toddy were also seized. Crime No.286 of 2002 was registered under S.55(a), (g), (h), and (i) of the Abkari Act. A report was filed arraying E.P.Sakthidharan in whose name the licence stood for conducting the toddy shops Nos.1 to 82 of Ernakulam Range as the 9th accused. He surrendered before the learned Magistrate. On 3.2.2003 another report was filed before the Magistrate to add the name of one Abdul Majeed and respondent as accused Nos.10 and 11 in the case. On 11.2.2003, the Investigating Officer had filed a report adding the offences under S.120B of the Indian Penal Code and S.57 and 58 of the Abkari Act. 10th accused was also arrested and subsequently released on bail. The respondent filed Crl.M.C. No.219 of 2003 for anticipatory bail and it was allowed by the learned Sessions Judge as per the impugned order.;

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