IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5392 of 2006()
1. SREENIVASAN, S/O. THANKAPPAN,
... Petitioner
2. RAJESH, S/O. DEVIDAS,
3. SHANKUMAR, S/O. MANI,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.C.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :01/09/2006
O R D E R
J.M.JAMES, J.
--------------
B.A. 5392/2006
------------------
DATED THIS THE 1ST DAY OF SEPTEMBER, 2006
O R D E R
The petitioners are accused 1 to 3, in
C.R.No.66/2006 of Excise Range, Kollam. 3824 liters of
toddy had been seized from T.S.No.43/2006-07, which is
in excess of the permitted quantity.
2. The prosecution submits that the first accused
is the salesman and accused Nos. 2 and 3 are preparing
toddy with the help of various materials and sell the same
in the shop, other than the toddy supplied from the
authorised shops. The counsel for the petitioners, on the
other hand, submits that if the toddy is adulterated, the
same could be ascertained only if the chemical analysis
report is available. Further submission of the counsel is
that if the toddy is not destroyed after 48 hours, it is only
violation of the licensing condition and that would attract
the penal provision under Section 56(b) of the Abkari Act.
B.A.5392/2006
2
3. After hearing both sides and considering the
materials that are placed before me, I grant bail and
release the petitioners from jail, subject to the following
condition:-
Each petitioner shall execute a bond for
Rs.25,000/-, with two solvent sureties,
each for the like sum, to the satisfaction
of the Judicial Magistrate of First Class-I,
Kollam.
The application is allowed as above.
J.M.JAMES
JUDGE
mrcs