IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6214 of 2007()
1. KRISHNAKUMAR @ AJI, AGED 39 YEARS,
... Petitioner
2. ALPHONSE @ ACHAN, AGED 56 YEARS
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.RENJITH B.MARAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/10/2007
O R D E R
R. BASANT, J.
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B.A.No. 6214 of 2007
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Dated this the 26th day of October, 2007
O R D E R
Application for regular bail. The petitioners are accused 9 and
10. They are employees of a licensed toddy shop. The crux of the
allegations against them is that the toddy shop, to attract customers,
had supplied toddy free to such customers on a dry day. Many
persons flocked to consume such free liquor. Some of them took ill
after such consumption and some of them met with their death.
Crime has been registered for offences punishable, inter alia, under
Section 302 I.P.C. and section 57(A) of the Kerala Abkari Act. The
petitioners have been arrested on 3.9.2007. They continue in custody
from that date.
2. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. At worst all that the petitioners
have done is that they have supplied liquor on a dry day. They are
not responsible for the quality of the liquor supplied, they being only
employees in a licensed toddy shop under the licensee. To a pointed
question it is replied by the learned Prosecutor that no noxious
B.A.No. 6214 of 2007
2
substance has been detected in the liquor supplied by the petitioners. It is
also reported that the cause of the death has been identified to be excessive
consumption of alcohol only.
3. The learned Prosecutor opposes the application. But
notwithstanding the opposition, I am satisfied, in the facts and
circumstances of this case, to which I have briefly referred to already, that
the petitioners are entitled for grant of regular bail. I shall carefully avoid
any detailed discussion on merits about the acceptability of the allegation
raised or the credibility of the data collected. Suffice it to say that I come
only to the conclusion that further detention of the petitioners is
unnecessary in this case.
4. In the result:
1) This application is allowed.
2) The petitioners shall be released on bail on the following terms
and conditions.
(a) The petitioners shall execute bonds for Rs.50,000/- (Rupees
fifty thousand only) each with two solvent sureties each for the like sum to
be satisfaction of the learned Magistrate.
B.A.No. 6214 of 2007
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(b) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m. and 12 noon
on all Mondays for a period of three months from the date of their release
and thereafter as and when directed by the Investigating Officer in writing
to do so.
(R. BASANT)
Judge
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