IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8024 of 2007() ----------------------------- CRMP.10080/2007 of J.M.F.C.-III, PUNALUR CRIME NO.357/07 OF DEPUTY POLICE SUPERINTENDENT, CRIME DETACHMENT KOLLAM, SPECIAL INVESTIGATION TEAM (KUNNIKODU POLICE STATION, KOLLAM DISTRICT) .................... PETITIONER : ACCUSED NO.1 ----------------- ASHOKAN @ KEEPPALLY ASHOKAN,AGED 44, S/O.BHASKARAN,BHASKARA VILASOM @ KEEPPALLIL VEEDU, VETTIKKAVALA VILLAGE. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS:COMPLAINANT ------------- STATE OF KERALA REPRESENTED BY DEPUTY POLICE SUPERINTENDENT,CRIME DETACHMENT, KOLLAM DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8024 of 2007 ------------------------------------- Dated this the 2nd day of January, 2008 ORDER Application for regular bail. Petitioner is the 1st accused in a crime registered for offences punishable, inter alia, under Section 302 I.P.C and Section 55 (a) & (i), Section 57 A and Section 8 of the Kerala Abkari Act. On 28.8.07, a dry day as per the abkari rules, the petitioner and his employees allegedly sold spurious liquor mixing toddy with spirit to gullible customers as bonus to promote sale of toddy in his shop. Some of those, who consumed such toddy, allegedly developed illness and some of them met with their death. Crime has been registered. Investigation is in progress. The petitioner was arrested on 02.11.07. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. At any rate, no offence under Section 302 I.P.C can lie against the petitioner. In any view of the matter the petitioner, who has remained in custody for a period exceeding 2 months, may now be enlarged on bail, prays the learned counsel for the petitioner. B.A.No.8024 of 2007 2 3. The learned Public Prosecutor does not oppose the application for grant of regular bail. I am, in these circumstances, satisfied that the petitioner, who has remained in custody for a period exceeding 60 days, can now be granted regular bail subject to appropriate terms and conditions without expressing any opinion on the maintainability of the prosecution under Section 302 I.P.C. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- B.A.No.8024 of 2007 3