IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 18 of 2010()
1. RAJEEV, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.C.THOMAS (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 18 OF 2010
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Dated this the 8th day of January, 2010
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the first accused in C.R.
No.150 of 2009 of Nooranadu Excise Range, Alappuzha District.
2. The offences alleged against the petitioner and the other
accused are under Sections 55(a), 56(b) and 57(a) of the Abkari Act.
3. The prosecution case is that on 25.12.2009, the Excise
Officials inspected Toddy Shop No.14 of Nooranadu Excise Range.
They found the first accused mixing some liquid with toddy. Samples
of toddy were taken and the officials seized 385 litres of toddy kept in
the toddy shop. The petitioner was arrested on 25.12.2009 and he
was remanded to judicial custody.
4. Learned counsel for the petitioner submitted that
registration of the crime and arrest of the petitioner before getting a
B.A. NO. 18 OF 2010
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report from the Chemical Examiner was premature. He relied on
Rule 8(3) of the Abkari Shops (Disposal) Rules, 2002. The counsel
points out that if ultimately it is found that the sample of toddy is free
from any noxious substance, there would be no justification for the
detention of the petitioner in judicial custody. Learned counsel for
the petitioner submitted that if, on getting the report, it is found that
the toddy was adulterated, still the investigating officer can seek for
appropriate remedies for re-arrest of the petitioner.
5. Taking into account the facts and circumstances of the
case, the contentions put forward by the learned counsel for the
petitioner and the fact that the report of the Chemical Examiner is not
received, I am of the view that the petitioner is to be released on bail.
6. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class – II,
Mavelikkara, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays, till the
final report is filed or until further orders;
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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;
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.
It is made clear that after receipt of the report of the Chemical
Examiner, the investigating officer would be free to seek for
appropriate reliefs, in the manner indicated above.
(K.T.SANKARAN)
Judge
ahz/