IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 3954 of 2010() -------------------------------------- CRIME NO. 230/2010 OF PEERMADE POLICE STATION .......... PETITIONER/ACCUSED ----------------------- JOHNSON @ PODI, S/O.CHELLAPPAN, PUTHENPURACKAL VEEDU, TOWN BHAGOM, ELAPPARA KARA, ELAPPARA VILLAGE. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED THE ADDITIONAL S.I. OF POLICE, PEERMADE(CRIME NO. 230/10), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3954 of 2010 ------------------------------------ Dated this the 28th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55 (a) and (i) of the Abkari Act. According to prosecution, on 18.06.2010, petitioner was found engaged in the sale of Indian Made Foreign Liquor in his hotel. 200 ml of Indian Made Foreign Liquor was seized from his possession. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 10 days and he was arrested from the spot on 18.06.2010. Learned counsel for petitioner also submitted that there is a outlet of Beverages Corporation, close to the petitioner's hotel. On the date of occurrence, four persons came to the hotel with Indian Made Foreign Liquor and they started drinking in the hotel. This was objected to by the sales man, who was present in the hotel. But those persons refused to obey and in the meantime, police came there and those persons and the sales man were taken into custody and taken to police station. On the way to police station, some phone call came and B.A. No. 3954 of 2010 2 four persons were released. Petitioner, who is the owner of the hotel went to the police station since the sales man was in custody. At that time, petitioner was implicated in the crime and he was arrested. It is not correct to say that petitioner was arrested from the spot. 4. This petition is not opposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) In case, petitioner is involved in any similar offence, his bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln