IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 3938 of 2010() ----------------------------- CMP.3186/2010 of J.M.F.C.-II, KOLLAM .................... (CRIME NO.49/2010 OF KOLLAM POLICE STATION) PETITIONER/FIRST ACCUSED -------------------------------------------- N.KAMALASANAN, AGED 60 YEARS, SON OF NARAYANAN, VAYALIL PUTHEN VEEDU, ASRAMAM, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. EXCISE INSPECTOR, EXCISE CIRCLE OFFICE, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.3938 of 2010 ------------------------------------ Dated this the 30th day of June, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a), 56(b) and 67(B) of Abkari Act. According to prosecution, spirit was brought in an autorikshaw by second and third accused. Third accused was the driver. The first and second accused unloaded the contraband articles to the toddy shop run by first accused. At that time, respondent officials detected the commission of offence. The incident occurred on 28/05/2010 at about 9:45 a.m. 33 litres of spirit were seized and a case was registered under the above said Sections. Petitioner is the first accused who is the licensee of the toddy shop. 3. Petitioner is in custody for the past 33 days. Learned Public Prosecutor submitted that he has no objection in granting bail but conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their 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 B.A. No.3938 of 2010 2 conditions: i) Petitioners shall report before the Investigating Officer on every Monday Wednesday and Saturday between 10 A.M. and 1 P.M. ii) Petitioners shall not leave the limits of the excise range within which the incident happened except with prior permission of learned Magistrate. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv