This is an application for anticipatory bail filed by the sole accused in Crime No.78 of 2014 of Kozhikode Excise Range under Sec.438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that the accused was found to be in possession of 3.5 litres of alcohol from his house without any documents and thereby, he had committed the offence punishable under Sec.58 of the Kerala Abkari Act.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and in fact he is working as the Assistant Professor in the Government Homeopathic Medical College, Kozhikode and he is also conducting research for curing cancer using homeopathic medicines. His father is a traditional Homeopathic Vaidyan and the articles seized is only diluted spirit intended to be used for prescribing medicines to the patients coming and it is not intended for sale or the possession is not prohibited as well and no offence is attracted.
4. Learned Public Prosecutor opposed the application on the ground that he is a government doctor and he is conducting private practice in the house.
5. Heard both sides and perused the records.
6. It is seen from the records that on getting some information that the petitioner who is a government doctor is conducting private practice, the Vigilance department conducted a raid in the building said to have been used as clinic for treating patient and found 3.5 litres of alcohol kept in an almirah in that house, according to the prosecution, and thereafter it was informed to the excise officials and accordingly, the above crime was registered against the petitioner originally under Sec.58 and Secs.8(1) and (2) of the Kerala Abkari Act. But it is an admitted fact that the petitioner is a Homeo Doctor and it is also in away admitted that he is doing private practice also from his house. It is also an admitted fact that he is an Assistant Professor in the Government Homeopathic Medical College, Kozhikode and he is a research scholar as well.
7. I am not at this stage going into the question as to whether he is entitled to keep the articles or not and on going through the allegations, it appears that some alcohol was found in the building, from where raid was conducted, by the Vigilance department. It appears that it is not intended for sale as well. I am not also at this stage going into the question as to whether it was intended for any research purpose. So, the question as to whether the offence under Sec.58 of the Kerala Abkari Act is committed or it is only a violation of the Spiritual Preparation Rules etc. are matter to be considered on the basis of the evidence. However, considering the exceptional circumstances and also the purpose for which it was kept in the house as claimed by the counsel for the petitioner and further the fact that he was not there in the place where the seizure was effected and fleeing away from the investigation in the case of the petitioner is not there, this Court feels that anticipatory bail can be granted to the petitioner with some conditions.
So the application is allowed with the following conditions.
The petitioner is directed to surrender before the investigating officer on 23.10.2014 and on such surrender, if the investigating officer feels that his arrest is required then record the arrest and produce him before the concerned Magistrate Court on the date of surrender itself and on such production, the concerned Magistrate is directed to release the petitioner on bail with the following conditions.
1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate concerned.
2. The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till the final report is filed.
3. The petitioner shall co-operate with the investigation of the case as well.
4. The petitioner shall not leave the State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court concerned or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / P.A. To Judge NS