IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Bail Appl..No. 4830 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4332/2010 Dated 21/07/2010 .................... (CRIME NO.678/2010 OF POOYAPALLY POLICE STATION) PETITIONER/2ND ACCUSED ------------------------------------------ SUNIL KUMAR, S/O.NARAYANAN, VISHAKHAM HOUSE, CHEPRA MURI, ODANAVATTOM VILLAGE, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOYAPALLY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4830 of 2010 ------------------------------------ Dated this the 16th day of August, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 56(b) of the Abkari Act. According to prosecution, first accused mixed spirit with toddy and handed it over to 3rd accused, who in turn, gave it to 2nd accused. The 2nd accused sold the adulterated toddy. Fourth accused is the licensee of the toddy shop. From the toddy shop, 5 litres of spirit were seized from the possession of first accused. 15 litres of adulterated toddy was seized from petitioner's possession. The incident happened on 05/07/2010 at about 12:30 p.m. 3. Petitioner is the second accused in the crime. He is in custody for the past 42 days. 4. Learned Public Prosecutor submitted that petitioner was arrested from the spot. All the co-accused are also arrested. Taking into consideration the stage of investigation, he has no objection in granting bail, but, stringent conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a B.A. No.4830 of 2010 2 bond for Rs.50,000/- 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 alternate day between 10 A.M. and 1 P.M. ii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv