IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4332 of 2010()
1. SUNIL KUMAR, S/O.NARAYANAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.M.K.CHANDRA MOHANDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/07/2010
O R D E R
K. HEMA, J.
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B.A. No. 4332 of 2010
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Dated this 21st day of July, 2010.
ORDER
Petition for bail.
2. The alleged offences are under Sections 55(a) and
56(b) of the Abkari Act. According to prosecution, first accused
mixed spirit with toddy and handed it over to 3rd accused,
who, in turn, gave it to 2nd accused. The 2nd accused sold the
adulterated toddy. Fourth accused is the licensee of the toddy
shop. From the toddy shop, 5 litres of spirit were seized from
the possession of first accused. 50 litres of adulterated toddy
was seized from petitioner’s possession. The incident happened
on 5.7.2010 at about 12.30 p.m.
3. Petitioner is the 2nd accused in the crime. Learned
counsel for petitioner submitted that petitioner was laid up on
the date of offence, and he is innocent of the allegations made.
It is also submitted that the article is a colurless liquid and it
cannot be confirmed whether it is adulterated or mixed with
spirit, unless chemical analysis is done. Therefore, petitioner
may be granted bail, it is submitted. Petitioner is in custody
[B.A.No.4332/2010] 2
since 5.7.2010 onwards.
4. This petition is strongly opposed. Learned Public
Prosecutor submitted that there are allegations against
petitioner that he was engaged in sale of adulterated toddy.
Petitioner was arrested from the spot and it is not correct to
say that he was laid up on that day. It is also submitted that
toddy was mixed with spirit and spirit were seized from the
toddy shop itself. The article which was being sold by second
accused is also mixed with spirit.
5. On hearing both sides, I am satisfied that petitioner
is involved in a serious offence. In the light of Section 41A of
Abkari Act, unless twin conditions in the said Section are
satisfied, bail cannot be granted. Petitioner was not able to
substantiate his asserted innocence.
This petition is dismissed.
K. HEMA, JUDGE.
Krs.