IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1892 of 2010 C.R.NO.12 OF 2010 OF THIRUPURAM EXCISE RANGE, THIRUVANANTHAPURAM. PETITIONER: ACCUSED NO.1: --------------------------------- BIJU, AGED 34 YEARS, S/O.RAMACHANDRAN, SIVAMANGALATHU VEEDU, POOVAR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1892 OF 2010 ------------------------------------------------------ Dated this the 31st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R.No.12 of 2010 of Thirupuram Excise Range, Thiruvananthapuram. 2. The offence alleged against the accused is under Sections 56(b) and 57(a) of the Abkari Act. 3. The prosecution case is that on 20.3.2010, the Excise Commissioner inspected the toddy shop, namely, T.S.No.3 of Thirupuram Excise Range, Thiruvananthapuram Division. It was found that in the toddy shop, large quantity of toddy was kept. Apart from toddy, large quantity of sugar, 8 kgs. of yeast and 120 grams of soap powder were also found in the toddy shop. According to the prosecution, these materials are used for adulteration of toddy and mixing the same with toddy and water for the purpose of adulteration. Samples of toddy were sent for chemical analysis. The B.A. NO. 1892 OF 2010 :: 2 :: analysis report is not received so far. The petitioner is the Manager of the toddy shop. He was not available in the toddy shop at the time when the Excise Commissioner came to the shop. He was called to the shop and the toddy shop was opened. 4. The petitioner was arrested on 20.3.2010 itself and he was remanded to judicial custody. 5. The learned counsel for the petitioner relied on Annexure C order dated 13.6.2008 in Crl.M.C.No.2096 of 2008 and Annexure D order dated 1.6.2009 in Crl.M.C.Nos.1008 and 1009 of 2009 to support the contention that without getting the chemical analysis report, even registration of the crime and initiation of any proceeding against any person would be premature. 6. The learned Public Prosecutor submitted that it is not only a case of adulterating toddy with other substances found in the toddy shop, but a case where sugar, yeast, soap powder and other materials found in the toddy shop were used for manufacturing spurious toddy. The learned Public Prosecutor submitted that B.A. NO. 1892 OF 2010 :: 3 :: Annexures C and D orders are therefore, not applicable to the case on hand. 7. In answer, the learned counsel for the petitioner submitted that if it is the case of prosecution that something was added to the toddy, Annexures C and D orders would be applicable to the case. On the other hand, if it is the case of the prosecution that with the materials other than toddy found in the toddy shop the accused were making preparations for manufacturing something, that is not covered by Section 57(a) of the Abkari Act. It is not necessary in this Bail Application to decide these disputed questions. I am inclined to rely on Annexures C and D orders, taking into account the facts and circumstances of the case. In these circumstances, I am of the view that continued detention of the petitioner would be improper. In the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Neyyattinkara, subject to the following conditions: B.A. NO. 1892 OF 2010 :: 4 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. It is made clear that after the receipt of the chemical analysis report, the investigating officer would be entitled to take appropriate steps in the case including the steps for re-arrest of the petitioner. (K.T.SANKARAN) Judge ahz/