IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 108 of 2008() ---------------------------- CRIME NO. 1111/07 OF ADOOR POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2: ----------------------------------- 1. UDAYAN, AGED 43 YEARS, S/O.BHASKARAN, LOTUS VILLA, PATTOOR P.O., ALAPPUZHA DISTRICT. 2. KRISHNAKUMAR, BEENA BHAVAN, PAZHAKULAM P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT; ------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, A/W. BA 117 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 108 & 117 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2008 O R D E R Applications for anticipatory bail. The petitioners are allegedly the licensee de jure and licensee defacto in respect of two toddy shops in Adoor Excise Range in Pathanamthitta Dist. A Special team looking into the illicit transaction in spirit, had allegedly visited the two toddy shops in which the petitioners were such licensees. They had seized 200 litrs and 650 litres of toddy from the said shops. The detecting party, it is said, has reason to believe that the toddy was mixed with spirit. The samples of the seized toddy have been sent to the expert for analysis and report. Without and before obtaining the report of the Chemical Examiner, Crimes 1110 and 1111 of 2007 have been registered at the Adoor Excise Range. Petitioners apprehend that they may be arrested on the allegation that they have committed the offence under the Abkari Act. B.A. Nos. 108 & 117 of 2007 2 2. The learned counsel for the petitioners, relying on the provisions of the Rule 8(3) of the Kerala Abkari Shops Disposal Rules, 2002, contends that the registration of the crimes is premature. The petitioners apprehend that on the basis of the crimes prematurely registered, they may be arrested and subjected to incarceration. It is, in these circumstances, prayed that directions under Section 438 Cr.P.C. may be issued in favour of the petitioners. 3. The learned Prosecutor, after taking instructions, submits that it is true that crimes have been registered even before the report of the Chemical Examiner was received. That inadequacy notwithstanding, the learned Prosecutor asserts and undertakes that no action whatsoever shall be taken against the petitioners until the Chemical Examiner's report is received and unless such report necessitates action against the petitioners. 4. In the light of that statement of the learned Prosecutor, I find the apprehension of the petitioners to be without any merit. Accepting the submissions and undertaking of the learned Prosecutor, these B.A. Nos. 108 & 117 of 2007 3 petitions are dismissed, without prejudice to the rights of the petitioners to approach courts for bail or anticipatory bail at the appropriate juncture. (R. BASANT) Judge tm