IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2511 of 2010() ----------------------------- CRMP.1230/2010 of J.M.F.C., ADOOR .................... (CRIME NO.466/2010 OF ADOOR POLICE STATION,PATHANAMTHITTA DIST.) PETITIONER/ACCUSED: -------------------------------------- SASIDHARAN, AGED 57 YEARS, S/O.PADMANABHAN, VALLITHUNDIL VEEDU, NEDIYAVILA, KIZHAKKA MURI, KUNNATHOOR VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): 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. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2511 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27 th day of April, 2010 O R D E R This is a bail application filed by the accused in Crime No.466/2010 of Adoor Police Station, Pathanamthitta District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he was found in possession of 715 liters of toddy mixed with spirit without any license or permit in a pick up van bearing Registration No.KL-26-4222 on 15.4.2010 at 7 P.M at Ezhamkulam Junction, Adoor and thereby committed offence punishable under Section 57 (a) of Abkari Act. 3. The petitioner was arrested on the spot and is in remand thereafter. The Judicial First Class Magistrate Court, Adoor rejected his bail application. 4. It is alleged in the petition that the petitioner is an employee of the second accused who is a licensee of toddy shop No.19 of Ezhamkulam and 2 B.A. No. 2511 of 2010 he was transporting the said toddy for distributing the same in the shop and that therefore he may be released on bail. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 toddy mixed with spirit. Admittedly he is an employee of the second accused who is a licensed toddy shop owner. Whether the toddy is mixed with spirit or not can be revealed only after getting the report of chemical analysis. This court in similar cases Crl.M.C.No.2098/2008, Crl.M.C.No.1009/2009 and Bail Application No.1892/2010 have repeatedly found that, in such cases only after receipt of the report of the chemical 3 B.A. No. 2511 of 2010 analysis, case can be registered against accused persons. Copies of the order of th above Criminal MCs and Bail Application are produced by the petitioner as Annexure D, E and F. Therefore, in my view the continued detention of the petitioner is improper. Therefore I feel that the petitioner can be released on bail but subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer as and when ordered. 2) The petitioner shall not commit similar offence while on bail. 4 B.A. No. 2511 of 2010 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) After receipt of the chemical analysis report the Investigating officer would be entitled to take appropriate steps in the case including the steps for re-arrest of the petitioner. 5) Petitioner shall not leave the jurisdiction of the lower court without prior permission. 6) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb