IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 770 of 2009() ---------------------------- C.R.NO.12/09 OF KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT PETITIONER (S): ACCUSED NOS. 1 & 2: --------------------------------------- 1. DILEEP, AGED 26 YEARS, S/O.SOMAN, DEEPA BHAVAN, POOVATTUR MURI, KALAYAPURAM VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. SANIL KUMAR, AGED 27 YEARS, S/O.BABU, SINI BHAVAN, KANNAMKOTTU DESOM, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 770 OF 2009 ----------------------------------------- Dated this the 18th February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. Petitioners are accused 1 and 2. According to prosecution, 1420 litres of toddy were seized on 6.2.2009 from a building taken on rent by the licensee of the toddy shop no.14, who is the third accused. The licensed building is 20 meters away from the building from where the seizure was effected. Hence, a crime was registered. Petitioners are the employees of the licensee and they were dealing with the toddy at the time of seizure. 3. Learned counsel for petitioners submitted that even as per the mahazar, the allegation is that toddy was kept in violation of the licence conditions and hence, the crime was registered. Violation of licence condition will amount to offence under Section 56(b) of the Abkari Act, which is bailable. Petitioners were arrested on 6.2.2009 and they are in custody since then. BA.770/09 2 4. Learned Public Prosecutor submitted he has no objection in granting bail to petitioners on conditions. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. iii). Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.