IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 2778 of 2008() ----------------------------- C.R.No.59/2008 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM ------------------------------- PETITIONERS/ACCUSED: ------------------------------------ 1. JANEESH P.S.,AGED 27 YEARS, S/O.SADAGOPAN,LATHA NIVAS, CLAPPANA P.O.,KARUNAGAPPALLY, KOLLAM DISTRICT. 2. MOHANAN,AGED 53 YEARS, S/O.SAHADEVAN,PARISSERIL HOUSE, ADINAD SOUTH MURI,KARUNAGAPPALLY, KOLLAM DISTRICT. 3. ANANDAN,AGED 48 YEARS, S/O.RAGHAVAN,AJI BHAVAN, EDAKKAD P.O.,KUNNATHOOR, KOLLAM DISTRICT. 4. RAVEENDRAN,AGED 50 YEARS, S/O.CHELLAPPAN,KALLELI BHAGOM, MEENATHEVADAKKETHIL, KARUNAGAPPALLY,KOLLAM DISTRICT. 5. BINU,AGED 38 YEARS, S/O.RAJAN,SUNIL BHAVAN, KALLELI BHAGAM, KARUNAGAPPALLY,KOLLAM DISTRICT. 6. RAMAKRISHNAN,AGED 58 YEARS, S/O.NANU,RATHEESH BAHVAN, PAVUMBA P.O., KARUNAGAPPALLY,KOLLAM DISTRICT. 7. RAVI,AGED 39 YEARS, S/O.DAMODHARAN, ALUVILAYIL,PAVUMBA P.O., KARUNAGAPPALLY,KOLLAM DISTRICT. 8. BHARATHAN,AGED 54 YEARS, S/O.NANU,KALARIKKAL PADEETTATHIL, MANAPPALLY P.O., KARUNAGAPPALLY,KOLLAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIRESH MATHEW RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REP.BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARUNAGAPPALLY,KOLLAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA,J ====================== B.A.No.2778 of 2008 ========================= Dated this the 28th day of May, 2008 ORDER This is an application for anticipatory bail. 2. As per the prosecution case artificial toddy having a quantity of 539 litres was seized from a building owned by accused No.2. A1 was found in the building. The petitioners are accused 3 to 10 in the crime. The accused No.1 gave information that the toddy is prepared for supply to the shops of A3 to 10. Therefore, all of them are proceeded against for offences under Sections 55(a), (b) and 58A of Abkari Act. 3. Learned counsel appearing for the petitioner submitted that accused Nos.3 to 10 have only applied for licence to run toddy shops. But application for licence have not been processed so far and licence not issued. Therefore they have not even started functioning the shop. They have nothing to do with the alleged artificial toddy which is being allegedly manufactured in the building owned by A2. It is also pointed out by the learned counsel for the petitioner that no artificial toddy was seized from the shop of the petitioner. There is nothing to B.A.No.2778/2008 2 show that they were even conducting toddy shop. 4. This petition is opposed. But the fact that the petitioners have not so far obtained licence and hence the shops have not been started functioning, are not under dispute. Learned public prosecutor could not confirm that the accused are actually running the shop in the absence of licence. However, he submitted that the petitioner may be directed to appear before the Investigating Officer for interrogation. Hence, the following order is passed. i) Petitioners shall appear before the Investigating Officer on 6.6.2008 between 10 a.m and 1.p.m. On their surrender they shall make themselves available for interrogation and after interrogation they shall be produced before the Magistrate Court having jurisdiction to deal with the case. ii) On production of the accused before the Magistrate Court, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each, with two solvent sureties each for the like sum, to the satisfaction of the Magistrate Court on condition that they will make themselves available for investigation as and when directed B.A.No.2778/2008 3 by the Investigating Officer. This petition is disposed of as above. K.HEMA,JUDGE dvs