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. 2936 of 2008() ----------------------------- CMP.4915/2008 of J.M.F.C.-I, KOLLAM CR. 38/08 OF EXCISE RANGE OFFICE, KOLLAM .................... PETITIONER/ACCUSED NO.1: ----------------------------------------- SUGATHAN, S.O.VELAYUDHAN, IDAYUILAPPURA VEEDU, PULIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM. 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 28/05/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.2936 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R This petition is for bail. 2. Petitioner is first accused. The alleged offence is under Section 57(a) of the Abkari Act. Petitioner is in custody since 25.4.2008 onwards for more than one month. According to learned counsel for petitioner, petitioner is innocent of the allegations made. The toddy seized from the shop allegedly contained “ethyl alcohol” which is an inevitable ingredient of liquor. The “addition” of ethyl alcohol cannot be said to be adulteration, it is contended. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. In the above circumstances, petitioner is granted bail on the following conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. BA.2936/08 2 iii. In case the petitioner is involved in any offence of similar nature, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.