IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2706 of 2010() ----------------------------- CMP.5912/2010 of J.M.F.C. - I, KARUNAGAPPALLY C.R.NO.66/2010 of Karunagappally Excise Range, Kollam District . ................... PETITIONER/ACCUSED NO.1 :- ------------------------------------------- IJAS, AGED 20 YEARS, S/O.ISMAIL, ILJA LAND, KALLELIBHAGAM MURI,KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT/COMPLAINANT :- -------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JVT P.Q. BARKATH ALI, J. ================ B.A. No. 2706 of 2010 ================ Dated this the 6th day of May, 2010 O R D E R This is a bail application filed by the 1st accused in C.R.No.66/2010 of Karunagappally Excise Range, Kollam District under section 439 of Cr.P.C. 2. The case against the petitioner is that he transported 230 litres of toddy allegedly mixed with spirit in a jeep bearing registration No.KL-23/B.735 and thereby committed offence punishable under section 56(a), 56(b), 57 (a), 58 and 58(a) of Abkari Act. He was arrested on the spot and is in remand thereafter. 3. It is alleged in the petition that the toddy belongs to the licensee and the petitioner has brought the same for distributing to various toddy shops belonging to the 2nd B.A. No. 2706 of 2010 -2- accused and that therefore, he has not committed any offence as alleged by the prosecution and that he may be released on bail. 4. Notice given to the learned Public Prosecutor. Heard the learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. For the following reasons, I am inclined to grant bail to the petitioner. The main allegation against the petitioner is that he was found in possession of the toddy mixed with spirit. Admittedly, he is an employee of the second accused who is a licensed toddy shop owner. The copy of Toddy Transport Permit of second accused is produced by the petitioner. Whether the toddy is mixed with spirit or not can be revealed only after getting the report of chemical analyst. This Court has repeatedly held that in such cases the case can be registered only after getting the report of the chemical analyst. The petitioner B.A. No. 2706 of 2010 -3- has produced certified copies of those orders passed by this Court. Thereby I feel that continued detention of the petitioner is not proper. Therefore, in my view, the petitioner can be granted on bail subject to conditions. 6. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the trial court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer as and when required. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. B.A. No. 2706 of 2010 -4- 5) In case of breach of any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. jvt