IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7145 of 2008()
1. JOHNSON, S/O.EMMANUEL, OLIKKAL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :24/11/2008
O R D E R
K.HEMA, J.
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B.A.No.7145 of 2008
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Dated this the 24th November, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 55(a) of Abkari
Act. According to prosecution, petitioner was found transporting
in a jeep 55 litres of toddy which is unfit for human consumption
with the intention to prepare illicit artificial toddy by adding
sugar etc. The incident occurred on 14.11.2008 at 1.45 p.m.
3. Learned counsel for petitioner submitted that
petitioner has license for transporting toddy and the quantity
which is transported is only permissible quantity. It is also
submitted that even if the entire allegations are accepted,
petitioner was only preparation for commission of some illegal
act, but, it cannot be said that he had committed the act as
alleged. It is also submitted that it is not correct to say that the
toddy which was seized was unfit for human consumption.
4. This petition is strongly opposed. Learned public
prosecutor submitted that it may be true that petitioner has
BA No.7145/2008 2
license to transport toddy and the quantity involved is also
within the permissible limit. But, as per the instructions, he has
been converting toddy, which is not fit for consumption to
artificial toddy by adding sugar etc. According to prosecution,
toddy which is rejected from the toddy shop is converted to illicit
artificial toddy by some process by adding sugar etc. Sugar was
also seized from the jeep and investigation is in progress and at
this stage, it may not be proper to grant bail to the petitioner, it
is submitted.
5. On hearing both sides, I am satisfied of the
submissions made by learned public prosecutor. I am also
satisfied that if petitioner is released on bail, it is likely that
evidence will be tampered with and the witnesses will be
influenced and hence, at this stage of investigation, it may not be
proper to grant bail to the petitioner.
The petition is dismissed.
K.HEMA, JUDGE
csl