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. 4242 of 2010() ----------------------------- CMP.3217/2010 of J.M.F.C., HARIPAD .................... (C.R. NO.62/2010 OF KAYAMKULAM EXCISE RANGE, ALAPPUZHA DISTRICT) PETITIONER/ ACCUSED NO.4 -------------------------------- CHANDRAN, S/O.VELAYUDHAN, MUTHUKULAM THEKKU MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM, ALAPPUZHA DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4242 of 2010 ------------------------------------ Dated this the 13th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 58 of the Abkari Act. According to prosecution, on 29/06/2010, at about 6:10 p.m, Excise Inspector and party seized toddy from a shed attached to the house of petitioner. On investigation of the premises, excise party found A1 to A3 dealing with toddy and they were arrested from the spot. It was revealed that the toddy was intended to be sold through the toddy shop run by petitioner. Therefore, petitioner was arrayed as accused no. 4. A case was registered stating that the toddy seized from the premises was mixed with spirit. 3. Learned counsel for petitioner submitted that toddy seized in this case is genuine. Samples were taken from the toddy which was seized and those were sent for chemical analysis The report will definitely show that the toddy is genuine, it is submitted. According to petitioner, nothing was added to toddy as alleged. Petitioner filed a writ petition as WP(C) No.13921/2010 to keep in abeyance, all proceedings pursuant to the crime registered in this case against petitioner, till receipt of B.A. No.4242 of 2010 2 the chemical analysis report of the toddy seized. As per Annexure F judgment, this court passed an order in the writ petition thus: “petitioner shall not be visited with any adverse consequences on the basis of registration of C.R.No.62/2010, till report of the chemical analysis of the toddy seized is obtained. The investigation, if any, in the matter can go on”. 4. Learned counsel for petitioner submitted that though petitioner produced copy of Annexure F judgment of this court before the Magistrate Court and contended that remand of the accused will amount to an adverse consequence and in the light of Annexure F, a remand could not be made etc., learned Magistrate remanded the accused to custody. It is submitted that accused may be granted bail, since the chemical analysis report is not yet received. 5. Learned Public Prosecutor submitted that chemical analysis report is not yet received and in the light of Annexure F order, he has no objection in granting bail till the chemical analysis report is received and subject to the result of chemical analysis report. 6. On hearing both sides, I am satisfied that in the light of Annexure F judgment, and contentions raised by petitioner's counsel, the accused ought not to have been remanded, since B.A. No.4242 of 2010 3 chemical analysis report was not received. In the light of Annexure F order, petitioner ought to have been granted bail on conditions. Hence, the following order is passed: (1) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following condition: i) Petitioner shall report before the Investigating Officer on every Monday between 10 A.M. and 1 P.M. (2) This order will be in force only till the chemical analysis report is received and subject to result of the report and also subject to any order passed in WP(C) No.13921/2010. (3) The respondent will be at liberty to move for cancellation of bail, in case the result of chemical analysis is not favoufable to petitioner. This petition is disposed of accordingly. K. HEMA, JUDGE vdv B.A. No.4242 of 2010 4