IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7145 of 2008() ----------------------------- CMP.2627/2008 IN CRIME NO.45/08 OF THANKAMANI EXCISE RANGE .................... PETITIONER: ACCUSED: ---------------------------- JOHNSON, S/O.EMMANUEL, OLIKKAL HOUSE, KONNATHADI KARA, UDUMBANCHOLA TALUK, IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7145 of 2008 --------------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, petitioner was found transporting in a jeep 55 litres of toddy which is unfit for human consumption with the intention to prepare illicit artificial toddy by adding sugar etc. The incident occurred on 14.11.2008 at 1.45 p.m. 3. Learned counsel for petitioner submitted that petitioner has license for transporting toddy and the quantity which is transported is only permissible quantity. It is also submitted that even if the entire allegations are accepted, petitioner was only preparation for commission of some illegal act, but, it cannot be said that he had committed the act as alleged. It is also submitted that it is not correct to say that the toddy which was seized was unfit for human consumption. 4. This petition is strongly opposed. Learned public prosecutor submitted that it may be true that petitioner has BA No.7145/2008 2 license to transport toddy and the quantity involved is also within the permissible limit. But, as per the instructions, he has been converting toddy, which is not fit for consumption to artificial toddy by adding sugar etc. According to prosecution, toddy which is rejected from the toddy shop is converted to illicit artificial toddy by some process by adding sugar etc. Sugar was also seized from the jeep and investigation is in progress and at this stage, it may not be proper to grant bail to the petitioner, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by learned public prosecutor. I am also satisfied that if petitioner is released on bail, it is likely that evidence will be tampered with and the witnesses will be influenced and hence, at this stage of investigation, it may not be proper to grant bail to the petitioner. The petition is dismissed. K.HEMA, JUDGE csl