Petitioner is accused in Crime No.23 of 2014 of the Nadapuram Excise Range Office for the offences punishable under Sections 56(b) and 57(a) of the Kerala Abkari Act for alleged possession and sale of the toddy containing starch, apprehends arrest and has filed the application.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. It is pointed out that the petitioner has requested the jurisdictional magistrate to send sample (B) to the Central Food Laboratory for report, learned magistrate has passed order thereon and report is awaited.
4. In similar matters I have granted pre-arrest bail for a limited period pending receipt of report on the sample (B). I am inclined to grant the same relief to the petitioner herein as well.
Application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.23 of 2014 of the Nadapuram Excise Range Office on 24.06.2014 at 10 a.m for interrogation.
(ii) If interrogation of the petitioner could not be completed that day, he shall appear before the officer B.A.No.4081 of 2014 2 investigating the case on the day/days and time directed by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be released for a period of two months from the date of his arrest on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
(a) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(b) Petitioner shall not get involved in any offence during the period of this bail.
(c) Petitioner shall not intimidate or influence the witnesses.
(iv) It is made clear that in case any of condition Nos. (a) to (c) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the jurisdictional magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
THOMAS P. JOSEPH, JUDGE.
AS