IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 6029 of 2010() ----------------------------- (CRIME NO.673/2010 OF KADUTHURUTHY POLICE STATION) CMP.6999/2010 of J.M.F.C.,VAIKOM .................... APPLICANT/ACCUSED ------------------------------------- MOHANAN, S/O.KARUNAKARAN, KAITHAKKATTU HOUSE, NJEZOOR KARA, NJEZOOR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN SMT.P.MAYA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE S.I.OF POLICE, KADUTHURUTHY POLICE STATION, VAIKOM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------------------------ Bail Application No.6029 of 2010 ---------------------------------------------- DATED: 01/10/2010 O R D E R In this petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.673 of 2010 of Kaduthuruty Police Station, Vaikkom for offences under the Kerala Spirituous Preparations (Control) Rule 1969 read with Section 63 & 55(i) of the Kerala Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 21/09/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who was selling intoxicating drug blended with 'Arishta' in various bottles by name the 'jeerakarishta', 'Dhraksharishta', 'Amritharishta', etc and chemical report from the samples drawn from those bottles are yet to be obtained. 3. The fact remains that the petitioner is a qualified ayurvedic physician allegdly dispensing medicines for the past several years. Going by the Kerala Spirituous Preparations B.A.No.6029/2010 2 (Control) Rules, such preparations can contain ethyl alcohol by 12% by volume. It is too early to conclude that the ayurvedic preparations (not manufactured by the petitioner but by a concern by name S.N.Ayurveda Pharmacy, Vakkadu, Kottayam) sold by the petitioner contain intoxicating drugs, the possession and sale of which are prohibited under the Abkari Act. I am, therefore, inclined to extend the benefit of doubt to the petitioner. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Vaikom and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. B.A.No.6029/2010 3 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. skj