IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1^ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 BAIL APPL. NO. 6082 OF 2023 CRIME NO.518/2023 OF RANNI POLICE STATION PETITIONER/ACCUSED NO.2:

RAMACHANDRAN M.K., AGED 48 YEARS, S/O.M.E.KUTTAPPAN, MANJANGAL HOUSE, KOTHAMANGALAM P.O, THANGALAM, ERNAKULAM DISTRICT., PIN - 686691 BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 OTHER PRESENT:

SRI.SANGEETHA RAJ N.R., P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The applicant is the accused No.2 in Crime No.518/2023 of Ranni Police Station, Pathanamthitta. The offence alleged is punishable under Section 55(i) of the Abkari Act.

3. The prosecution case, in short, is that on 03.06.2023, at about 11.15 P.M., the accused was found in possession of 8.875 litres of Indian Made Foreign Liquor (IMFL) and 13 bottles of beer kept for sale in the security room of a Bar at Pazhavangadi Village and thereby committed the above said offence.

4. I have heard Sri.Nireesh Mathew, the learned counsel for the applicant and Sri.Sangeetha Raj N.R., the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The crime was originally registered against the accused No.1, who is the Security Guard of the Hotel named 'Ranni Gate'. The applicant is the Manger of the said Hotel. There is a licenced bar in the Hotel. The allegation is that the accused No.1 was found selling IMFL at the Security Room of the Hotel. Thereafter, the applicant was arrayed as the accused No.2. Admittedly, the applicant is only the Manager of the Hotel. Nothing has been seized from his possession. The IMFL was seized from the Security Room which was in the exclusive possession of the accused No.1. Even if the IMFL was sold by the accused No.1 through his Security Room with the consent and concurrence of the applicant, the same will only amount to violation of permit condition, inasmuch as, the Bar is having bar licence to sell IMFL. This Court in Ambika v. State of Kerala [2011 (3) KLT 35] has held that sale of IMFL before sunrise would amount to violation of permit condition only and will not attract Sections 55(a) and (i) of the Abkari Act. For all these reasons, it appears that the offence under Section 55(i) is not prima facie attracted against the applicant. Hence, he is entitled for pre-arrest bail.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosec