Sugathan vs State Of Kerala Represented By … on 28 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2936 of 2008()


1. SUGATHAN, S.O.VELAYUDHAN, IDAYUILAPPURA
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY EXCISE
                       ...       Respondent

                For Petitioner  :SRI.M.G.KARTHIKEYAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :28/05/2008

 O R D E R
                              K.HEMA, J.

                  -----------------------------------------
                         B.A.No.2936 of 2008
                  -----------------------------------------

               Dated this the 28th day of May, 2008

                               O R D E R

This petition is for bail.

2. Petitioner is first accused. The alleged offence is under

Section 57(a) of the Abkari Act. Petitioner is in custody since

25.4.2008 onwards for more than one month. According to learned

counsel for petitioner, petitioner is innocent of the allegations

made. The toddy seized from the shop allegedly contained “ethyl

alcohol” which is an inevitable ingredient of liquor. The “addition”

of ethyl alcohol cannot be said to be adulteration, it is contended.

3. Learned Public Prosecutor submitted that he has no

objection in granting bail to the petitioner on conditions. In the

above circumstances, petitioner is granted bail on the following

conditions:

i) Petitioner shall execute a bond for Rs.25,000/- with two

solvent sureties each for the like sum to the satisfaction of the

court below.

ii) Petitioner shall report before the investigating officer on

every Monday between 10 AM and 1 PM until further orders.

BA.2936/08 2

iii. In case the petitioner is involved in any offence of similar

nature, the bail is liable to be cancelled.

Petition is allowed.

K.HEMA, JUDGE

vgs.