IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3417 of 2008() ------------------------------------------ (CRIME NO.234/2008 OF THE CHAVARA POLICE STATION) PETITIONER:2ND ACCUSED: ------------------------------------------ RADHAKRISHNA PILLAI, AGED 46 YEARS, S/O. AYYAPAN PILLAI, KANDALACHEZHATHU VEEDU, PUTHUKKAD MURI, CHAVARA VILLAGE, KARUNAGAPPALLY,KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT: ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR, CHAVARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3417 OF 2008 ----------------------------------- Dated this the 4th day of June, 2008. O R D E R This is a petition for bail. 2. Petitioner is the second accused in the crime registered under Sections 55(a), 56(b) and 57(a) of the Abkari Act. The first accused is a licensee of toddy shop and the second accused is a tenant of the room situated adjacent to the toddy shop. 3. According to the prosecution, on 14.04.2008 at about 5.45a.m, the Sub Inspector of Police got information that artificial toddy is being prepared using spirit and those are kept in the room which is taken on lease by the second accused. On search of the room, 35 litres of artificially manufactured toddy and 30 litres of spirit were seized from the building in possession of the petitioner. The petitioner shall taken into custody on 16.04.2008. He is in judicial custody since then. 4. Learned counsel appearing for the petitioner submitted that petitioner is in custody for more than 53 days. The recovery is effected and detention of accused is not required for B.A. No. 3417/08 2 investigation. The petitioner actually is not in possession of the building which is being used by the first accused, it is submitted. 5. Learned Public Prosecutor submitted that taking into account the long period of detention which is nearing the statutory period under Section 167(2) of Cr.P.C, this petition is not opposed. Hence, the petitioner is granted bail on the following terms and conditions: 1. Petitioner shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court. 2. Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10a.m and 1.p.m until further orders. 3) In case the petitioner is involved in any offence of similar nature, bail is liable to be canceled. This petition is allowed. K. HEMA, JUDGE. smp