IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6935 of 2008()
1. BIJI, AGED 37 YEARS, S/O.SUDHAKARAN,
... Petitioner
2. JOJY, AGED 31 YEARS, S/O.JACOB,
3. JAMES, AGED 26 YEARS, S/O.JOHN,
4. MATHEWS, AGED 36 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.N.C.MOHANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/11/2008
O R D E R
K.HEMA, J.
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B.A.No.6935 of 2008
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Dated this the 20th November, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 55(a)(b)(i) of
Kerala Abkari Act. According to prosecution, on 16.10.2008, at
about 7.30 a.m., petitioners (A1 to A4) were found in possession
of 175 litres of illicit toddy and saccharine used for manufacture
of illicit toddy. They were also found engaged in manufacture of
illicit toddy for the purpose of sale.
3. Petitioners were arrested on 16.10.2008 and they are
in custody since then. Learned public prosecutor submitted that
he has no objection in granting bail, but, stringent conditions
may be imposed. It is also pointed out that the fourth accused is
a native of Tamil Nadu. Hence, local sureties may be insisted
while granting bail.
On hearing both sides, I find that bail can be granted to the
petitioners on stringent conditions.
Hence, the following order is passed:
(i) Petitioners shall execute bond for Rs.25,000/- each
with two solvent sureties each (sureties shall be local
BA No.6935 /2008 2
sureties) for the like sum to the satisfaction of the
Magistrate Court concerned on the following
conditions:
(ii) Petitioners shall report before the
Investigating Officer on every Monday,
Wednesday and Saturday between 10 a.m.
and 1 p.m. until further orders.
(iii) Petitioners shall not leave the limits of the
police station within which crime is
registered except with prior permission of
the learned Magistrate.
(iv) Petitioners shall not influence or intimidate
any witness or commit any offence while on
bail and in case of breach of this condition,
bail is liable to be cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl