ORDER

This is an application for anticipatory bail.

2. The petitioner is the accused in Crime No.107/2022 of Kollam Excise Range alleging commission of offence punishable under Section 57(a) of the Kerala Abkari Act . The petitioner is the salesman-cum-licensee of toddy shop No.7 of Kollam Excise Range.

3. It is submitted that the Excise Officers took sample of the toddy from the petitioner's shop and on analysis, it was found that the sample contained 8.31% v/v of ethyl alcohol, which is allegedly excess than 8.1% v/v fixed by Rule 9(2) of the Kerala Abkari Shops Disposal Rules 2002. There is no allegation that the toddy was adulterated.

4. Heard both sides.

5. Learned counsel for the petitioner submitted that, that is a natural phenomenon and there is no question of adulteration. The difference in the content of ethyl alcohol is marginal. This Court as per order on B.A.No.3566 of 2018 (Annexure-4) and B.A.No.5548 of 2018 (Annexure-5) considered similar matters and granted pre-

arrest bail in such cases. Therefore, considering the facts and circumstances in the case, I am inclined to grant pre-arrest bail to the petitioner on the following conditions:

(i) Petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation. Thereafter he shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, he shall be released on bail in Crime No.107/2022 of Kollam Excise Range;

(ii) The sureties shall produce documents to establish their identity and solvency. The investigating officer shall not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not;

(iii) Petitioner shall appear before the investigating officer as and when directed in writing and co-operate with the investigation in the matter;

(iv)The petitioner shall not influence or intimidate the witnesses.

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.107/2022 of Kollam Excise Range may file an application before the jurisdictional Court, for cancellation of bail