IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 338 of 2009() ---------------------------------- CRIME NO.334/2008 OF MEENANGADI POLICE STATION PETITIONER/ACCUSED NO.16 : ------------------------------------- JOY A.S.,S/O. SCARIA, IKKARAKUNNU HOUSE, CHULLIYODU POST, NENMENI, WAYANAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE SUB INSCPECTOR OF POLICE, MEENANGADI POLICE STATION, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.338 OF 2009 -------------------------------- Dated this the 29th day of January, 2009 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, first accused was found mixing toddy with spirit in a room in possession of one Baby. 1702 litres of spirit and 30 litres of toddy were seized from the said premises. First accused was arrested from the spot, on 24.12.2008. On investigation, it is revealed that second accused has the licence to run certain toddy shops. Accused nos. 3 to 8 are the share holders, who are actually running those toddy shops. Sixteenth accused is the licensee of certain toddy shops, which is actually run by the seventh accused and he is a benami. The toddy prepared by the first accused is intended for sale to the various toddy shops including that of the petitioner. 3. Petitioner is the sixteenth accused. He was arrested on 10.01.2009. Learned counsel for petitioner submitted that the only allegation is that the toddy is intended for sale in the shop B.A.No.338 of 2009 2 of petitioner. But there is absolutely no evidence to establish the same and not even confession statement is there to connect petitioner with the article, it is submitted. No contraband article was seized from the shop of the sixteenth accused and therefore, bail may be granted, it is submitted. It is also submitted that accused nos. 1 and 3 are already granted bail. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner but, conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer as and when directed. B.A.No.338 of 2009 3 (ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac