Pradeepkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Bail Appl..No. 7805 of 2015 ------------------------------------- CRIME NO. 63/2015 OF CHERPU EXCISE RANGE OFFICE, THRISSUR ---------------------- PETITIONERS/ACCUSED NOS. 1 & 2:

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1. PRADEEPKUMAR, AGED 52 YEARS, S/O. SANKARANARAYANAN, EZHUVAPADI HOUSE, PAZHUVIL PADINJARU DESOM, KURUMBILAVU VILLAGE, THRISSUR DISTRICT.

2. MANOJ, AGED 37 YEARS, S/O. SIVARAMAN, IYYANI HOUSE, CHEMMAPPILLI DESOM, VADAKKUMURI VILLAGE, THRISSUR TALUK.

BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7805 of 2015 -------------------------------------------- Dated this the 16th day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 and 2 in C.R. No.63 of 2015 of Cherpu Excise Range registered for the offences punishable under Secs.57(a) and 56(b) of the Kerala Abkari Act. Second petitioner is the licensee of a toddy shop and first petitioner is the employee under the second petitioner. It is alleged that the excise officers took sample of toddy from the shop and on analysis, it was found that it contained excess quantity of ethyl alcohol than prescribed.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

Considering the nature of allegations, I am of the view that custodial interrogation of the petitioners are not necessary. Moreover, this Court had earlier considered the matter like this in B.A. No.7122 of 2015 and an order is passed in favour of the accused. Same

Bail Appl. No.7805 of 2015 2 principle can be applied in this case also. Hence, following directions are issued.

1. The petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation. Thereafter, each one of them shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, they shall be released on bail in C.R. No.62 of 2015 of Cherpu Excise Range.

2. The sureties shall produce documents to establish their identity and solvency. The investigating officer shall not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the investigating officer as and when directed in

Bail Appl. No.7805 of 2015 3 writing and co-operate with the investigation of in the matter.

4. They shall not intimidate or influence the witnesses.

In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioners as if no order is passed.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/16/12/2015 P.A. To Judge