IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Bail Appl..No. 4243 of 2010() ----------------------------- CRIME NO.698/10 OF MUVATUPUZHA POLICE STATION, ERNAKULAM. .................... (S): ACCUSED NO1&2 --------------------------------- 1. BOBY, AGED 36 YEARS, S/O.PETER, KAPPILAMMOOTTIL VEEDU, KOTTAPPARA KARA, AANAVERATTY VILLAGE. 2. UNNI, AGED 35 YEARS, S/O.KUNJAPPAN, POTTAMIKOOTTATHIL HOUSE, MARADY KARA, MARADY VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY S.I.OF POLICE, MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4243 of 2010 ---------------------------------------------- Dated 13th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and (i) of the Kerala Abkari Act. According to prosecution on 1.7.2010 at about 5 p.m., the day being a dry day, sale of Indian Made Foreign Liquor was conducted in the premises of a bar hotel. Two salesmen, who are petitioners herein(accused nos.1 and 2) were arrested from the spot. 141 bottles of Indian Made Foreign Liquor having 250 ml. each were seized from the spot. The licensee and the Manager were also implicated as accused nos.3 and 4. 3. Learned counsel for petitioners submitted that in the light of the decision reported in Mohanan v. State of Kerala (2007(1) KLT 845), even if the entire prosecution allegations are accepted, the offence will come only under Section 56(b) of the Abkari Act and it is bailable. Petitioners are in custody for the past 13 days. 4. Learned Public Prosecutor submitted that he is not conceding to the position referred to by the learned counsel for petitioners, but he has no objection in granting bail in this case, on stringent conditions. It is also pointed out that the sale was BA NO.4243/10 2 conducted not inside the bar hotel, but it was in the premises of bar hotel. The licence condition permits sale only inside the bar hotel. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not influence or intimidate any witness or tamper with evidence. (iii) In case the petitioners are involved in any offence of similar nature, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs