IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Bail Appl..No. 1533 of 2009() --------------------- CR.NO. 23 OF 2009 OF KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT PETITIONERS/ACCUSED NOS.3 TO 5: -------------------------------- 1. RENJITH, S/O.RAJENDRAN, 13/2140, MUTTAMBIL HOUSE, KANNANMOOLA, THIRUVANANTHAPURAM. 2. S.SAJEEV, S/O.SASIKUMAR, KAVIYODU HOUSE, KOTTUKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. AMBUJAKSHAN, S/O.SANKARAN, AAKKANATTU VADAKKETHUNDIL HOUSE, NEELESWARAM KARA, NEDUVATHUR VILLAGE, KOTTARAKKRA TLAUK, KOLLAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOTTARAKKARA, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 1533 of 2009 - - - - - - - - - - - - - - - - DATED: 27-3-2009 O R D E R Petitioners who are accused Nos. 3 to 5 in C.R. No. 23 of 2009 of Kottarakkara Excise Range, for offences punishable under Sections 55(a), 56 (b) and 67 B of the Abkari Act, for having been found transporting of 1600 litres of toddy , seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Since the report of the Chemical Examiner is awaited, the learned Public Prosecutor undertakes that no action will be taken against the petitioners until the receipt of the report from the Chemical Examiner . Eventhough in view of Sasidharan and Others v. State of Kerala – 2007 (1) KLT 1062, the offence which is prima facie made out is one punishable under Sec. 56 (b) of the Abkari Act and since it is a bailable offence, the application for anticipatory bail is misconceived. Hence this petition is dismissed without prejudice Bail A.No.1533 of 2009 -:2:- to the right of the petitioner to seek bail or anticipatory bail, as the case may be, as and when a case is registered against the petitioner for a non-bailable offence after the receipt of the report of the Chemical Examiner . This Application is accordingly dismissed. Sd/- V.RAMKUMAR, JUDGE. ani. /true copy/