Petitioners are accused, in Crime No.7 of 2014 of the Nadapuram Excise Range Office for the offences punishable under Secs.57(a) of the Kerala Abkari Act for alleged sale of toddy mixed with starch, apprehend arrest and have filed this application.
2. The allegation is that sample of toddy collected from the toddy shop in question was found to contain starch. This Court by Annexure-A8, order dated 07.03.2014 granted relief to the petitioners though limited for a time so that investigation could be completed in the meantime.
3. Learned counsel for the petitioner submits that sample B is sent for analysis and report is not received.
4. Learned Public Prosecutor has submitted that final report is filed in the Judicial First Class Magistrate's Court, Nadapuram on 06.05.2014.
5. In view of the above, I am satisfied that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioners are granted bail in Crime No.7 of 2014 of the Nadapuram Excise Range Office.
(ii) Petitioners shall surrender before the learned Judicial First Class Magistrate, Nadapuram on or before 13.06.2014.
(iii) On such surrender, the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for `25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners
(b) Petitioners shall report to the officer who has investigated the case if and when required for interrogation.
(c) Petitioners shall not get involved in any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(e) In case the accused Nos.1 to 5 violate any of condition Nos.(b) to (d), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(f) It is directed that in case the petitioners do not surrender before the learned magistrate as aforesaid, this order would cease to be effective on the expiry of the time granted hereby.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge