IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6759 of 2008() ----------------------------- CMP.3806/2008 of J.M.F.C., KATTAPPANA CRIME NO.915/08 OF KATTAPPANA POLICE STATION PETITIONER: PETITIONER ------------------------------ DHANUVANTHARAN, S/O.DIVAKARAN, CHAKKARAVELLI HOUSE, LABBAKADA KARA, THOPPIPALA, AYYAPPANCOIL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- S.I.OF POLICE, KATTAPPANA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6759 of 2008 ----------------------------------------- Dated this the 4th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 56(A)(1), 58(B)(1) (c) of the Abkari Act. Petitioner is conducting an Ayurvedic shop and on 22.10.2008, the Sub Inspector of Police seized 848 litres of Abayarishtam and Kudajarishtam, which contain alcohol, from the shop of petitioner. Petitioner was selling the same without licence. 3. A crime was registered on 22.10.2008 and petitioner was arrested on the same day and he is in custody for the past 14 days. Learned Public Prosecutor submitted that even with licence, petitioner can possess only 5 litres of each of the Arishtams which are seized. However, he has no objection in granting bail to petitioner on conditions, taking into consideration the stage of investigation. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.6759/08 2 ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner 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.