Petitioner is the third accused in Crime No.17 of 2014 of the Kollamkode Excise Range Office for the offence punishable under Section 55(i) of the Abkari Act (for short 'Act'), apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that accused Nos.1 and 2 along with petitioner sold toddy beyond premises of toddy shop of the petitioner on a dry day and thereby committed the offence.
3. Learned counsel submits that even if the allegations are accepted, it would not amount the offence under Section 55(i) of the Act. Learned counsel submitted that sale of toddy beyond premises of the toddy shop of which petitioner is the licencee and on a dry day would only amount violation of the licence condition making the act punishable under Section 56 of the Act which is bailable. Learned counsel placed reliance on the decision in Mohanan v.State of Kerala [2007 KHC 3673]
4. I must notice that the allegation is that toddy was sold on a dry day beyond premises of toddy shop of which the petitioner is the licencee. Having regard to the relevant circumstances, I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 26.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
6. On such production the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond of `20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions :
a. The petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m. and 12 p.m. until filing of the final report or for two months whichever is earlier.
b. Petitioner shall report to the investigating officer as and when required for interrogation.
c. Petitioner shall not get involved in any offence during the period of this bail.
d. Petitioner shall not intimidate or influence the witnesses.
e. In case any of condition Nos.(a) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case if any and thereafter before the Principal Sessions Judge concerned for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE