Sivan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No.2182 of 2015 ------------------------------------- C.R.NO.112/2014 OF ERNAKULAM EXCISE RANGE OFFICE,ERNAKULAM. ..

PETITIONER'S/ACCUSED NOS.1 & 2:

-------------------------------------------------------- 1.

SIVAN,AGED 58 YEARS,S/O.PARAN,PUTHUKATTIL HOUSE, MURAVANTHURUTHU DESOM,VADAKKEKKARA VILLAGE, PARAVUR TALUK,ERNAKULAMDISTRICT.

2.

KUNJIRAMAN,AGED 62 YEARS,S/O.NARAYANAN, THOOSATH HOUSE,THANNIPPADAM DESOM, NORTH PARAVUR VILLAGE,ERNAKULAM DISTRICT.

BY ADV.SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No.2182 of 2015 --------------------------------------- Dated this the 12th day of May, 2015

O R D E R

Petitioners are alleged to have committed the offences under Sections 57(a) and 56(b) of the Abkari Act. The allegation is that, examination of the sample taken from the toddy shop run by them disclosed presence of starch.

2. Heard.

3. The learned counsel for the petitioners submits that no noxious substance was present in the sample.

4. I am satisfied that the nature of the case does not demand custodial interrogation of the petitioners.

5. In the result, this application is allowed. i) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- each with two solvent sureties for the like sum each, if they are arrested by the Police in connection with this

B.A. No.2182 of 2015 case.

ii) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. iii) They shall not destroy or tamper with evidence. iv) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE sp