Petition under Section 438 Cr.P.C.
2. Petitioners are A1 and A2 in C.R. No.178 of 2014 of Karunagappally Excise Range, registered for the offences punishable under Sections 56(b) and 57(a) of the Abkari Act.
3. It seems that sample of toddy was collected from T.S.No.33/2014-15 of Karunagappally Excise Range, and on chemical analysis, it was found containing saccharine.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Saccharine is nothing, but a crude form of sugar.
The sample did not contain any noxious substance, other than saccharine, which could not be treated as a noxious substance. It is not a tranquilizer also. As no other noxious substance was present in toddy, this Court is of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is allowed and the investigating officer or such other officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing commencing from 18.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
DSV/15/12 // True Copy // Sd/-
B. KEMAL PASHA JUDGE P.A. To Judge