IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5385 of 2011 CRMP.749/2011 of J.M.F.C.-I,PATHANAMTHITTA C.R.NO.38/2011 OF PATHANAMTHITTA EXCISE RANGE. PETITIONER: ACCUSED NO.1: -------------------- KOMALAN, AGED 45 YEARS, S/O.DAMODHARAN, MURALI VILASAM VEEDU, MEZHUVELI MURI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY SENIOR ADVOCATE SRI.C.C.THOMAS ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE,PATHANAMTHITTA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASOORYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5385 OF 2011 E ------------------------------------------------------ Dated this the 8th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R.No.38 of 2011 of Pathanamthitta Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 9.6.2011, the first accused was found transporting 350 litres of toddy in a jeep to the toddy shop of accused No.2. According to the prosecution, the toddy was artificial toddy. The petitioner was arrested on 9.6.2011 and he was remanded to judicial custody. 4. The petitioner and the second accused filed Crl.M.C.No.1812 of 2011 under Section 482 of the Code of Criminal Procedure to quash BAIL APPL. NO.5385 OF 2011 :: 2 :: the proceedings in C.R.No.38 of 2011. A learned single Judge of this Court disposed of Crl.M.C.No.1812 of 2011 by the order dated 7.7.2011. The order reads as follows: “Heard the learned counsel for the petitioners and the learned Public Prosecutor. Petitioners have filed this petition with a prayer to quash CR.No.38/2011 of Pathanamthitta Excise Range, Pathanamthitta District. It is stated that even before the receipt of chemical examination report, case has been registered. By the interim order dated 22.6.2011, this Court directed that licence of the second petitioner shall not be cancelled. The prayer of the petitioners to quash the aforesaid crime cannot be accepted at this stage. As and when the report of the chemical analysis is received, the officer in charge of the investigation of the above crime shall complete the investigation and file final report before the Magistrate, as expeditiously as possible. In case charge-sheet is filed against the petitioners, the petitioners shall assail the same in appropriate proceedings, if grounds exist. Resultantly, this criminal miscellaneous case is disposed of directing that further proceedings in Cr.No.38 of 2011 of Pathanamthitta Excise Range will be kept in abeyance until receipt of the report of chemical examination. It will be open to the investigating officer to BAIL APPL. NO.5385 OF 2011 :: 3 :: proceed in the matter on receipt of the report of chemical examination. It is also directed that pendancy of the crime case shall not affect the preferential claim, if any available to the petitioners and that no adverse consequence shall follow until receipt of report of chemical examination.” 5. Taking into account the facts and circumstances of the case and also in the light of the order dated 7.7.2011 in Crl.M.C.No.1812 of 2011, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Pathanamthitta, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on first Monday of every month, until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.5385 OF 2011 :: 4 :: e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/