IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4376 of 2010() ----------------------------- (CR.NO.62/2010 OF KAYAMKULAM EXCISE RANGE, ALAPPUZHA DIST.) AGAINST THE JUDGEMENT/ORDER IN WPC.20850/2010 Dated 05/07/2010 CMP.3229/2010 of J.M.F.C., HARIPAD .................... PETITIONER/ACCUSED NOS.1 TO 3 ------------------------------------------------- 1. RATHEESHAN, S/O.SHANKARAN, PANDANPARAMBIL, THAMALLACKAL, KUMARAPURAM, KARTHIKAPPALLY. 2. REJI, S/O.KUNJUMON, THAYYIL KARIYIL VEEDU, KUMARAPURAM P.O., KARTHIKAPPALLY. 3. ANU, S/O.ASHOKAN, VAYALIL PADEETATHIL, KAPPIL KIZHAKKU, KRISHNAPURAM VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 4376 of 2010 --------------------------------------------------- Dated this 22nd day of July, 2010. ORDER Petition for bail. 2. The alleged offences are under Sections 55(a), 58 and 67 of the Kerala Abkari Act. Petitioners are accused nos. 1 to 3 in the crime. According to prosecution on 29.6.2010 at about 6. 10 p.m. the Excise party seized toddy from a shed attached to the house of 4th accused. On a search of the premises, the Excise party found that accused nos. 1 to 3 were dealing with toddy and they were also arrested from the spot. It was revealed in investigation that toddy was intended to be sold through the shop run by 4th accused after mixing the same with spirit. The toddy seized from the premises is allegedly mixed with spirit. 3. Learned counsel for petitioner submitted that toddy seized in this case is genuine. Samples were taken from the toddy which was seized and those were sent for chemical analysis. the report will definitely show that the toddy is genuine, it is submitted. According to petitioner, nothing was added to toddy as alleged. It is also submitted that in the Writ Petition filed by 4th [B.A.No.4376/2010] 2 accused (WP(C) No.13921/2010) this Court passed an order, which reads as follows: “Petitioner shall not be visited with any adverse consequences on the basis of registration of CR No.62/2010, till report of the chemical analysis of the toddy seized is obtained. The investigation, if any, in the matter can go on”. The prayer in the petition was to keep in abeyance all proceedings pursuant to the present crime registered against 4th accused till the chemical analysis report of toddy seized is obtained. 4. It is submitted by learned counsel for petitioner that 4th accused was granted bail by this Court in the light of the order passed in the Writ Petition. The same benefit may be extended to petitioners (A1 to A3) also, since they can be found guilty only if toddy is mixed with spirit. No spirit was seized from the place of occurrence. What is seized is only genuine toddy. Petitioners are in custody for the past 24 days with effect from 29.6.2010. 5. Learned Public Prosecutor submitted that in the light of the order in the Writ Petiton and the fact that 4th accused licensee is granted bail, he has not objection in granting bail to petitioners on conditions. [B.A.No.4376/2010] 3 6. On hearing both sides and on considering the various facts and circumstances of the case discussed above, I find that bail can be granted to petitioners subject to conditions. Hence, the following order is passed: (1) Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following condition: Petitioners shall report before the investigating officer on every Monday between 10 a.m. and 1 p.m. (2) This order will be in force only till the chemical analysis report is received and subject to result of the report and also subject to any order passed in WP(C) No.13921/2010. (3) The respondent will be at liberty to move for cancellation of bail, in case the result of chemical analysis is not favourbale to petitioner. Petition is allowed. K. HEMA, JUDGE. krs.