Petition filed under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.40/2013 of Kozhikode Excise Range Office registered under Sections 57(a) and 56(b) of the Abkari Act.
3. The allegation against the petitioners is that the toddy kept in the toddy shop was found to contain 8.33 % by volume of Ethyl Alcohol as against the prescribed strength of 8.1% by volume. According to the prosecution, they have committed the offences mentioned above. It is submitted by the learned Public Prosecutor that petitioners may be released on bail taking into account the marginal difference mentioned above.
In the result, this application is allowed.
1. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
B.A. No.2873 of 2014 -:2:-
2. They shall appear before the Investigating Officer for interrogation, if they are so required by him in writing.
3. They shall not destroy or tamper with evidence.
4. This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K. ABRAHAM MATHEW, JUDGE ttb