Anticipatory bail can be granted in cases of minor violations without evidence of adulteration, per prior judicial precedents.

ORDER

This is an application for anticipatory bail.

2. The petitioners are accused Nos. 1 and 2 in Crime No.24/2022 of Kunnamkulam Excise Range, Thrissur District alleging commission of offence punishable under Section 57 (a) of the Kerala Abkari Act . The 1st petitioner is the salesman and the 2nd petitioner is the licensee of toddy shop No.7 of Kunnamkulam Excise Range.

3. It is submitted that the Excise Officers took sample of the toddy from the second petitioner's shop and on analysis, it was found that the sample contained 9.45% 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.3633 of 2015 (Annexure-5) and B.A.No.7122 of 2015 (Annexure-6) 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 petitioners on the following conditions:

(I) Petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation. Thereafter each one of them 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, they shall be released on bail in Crime No.24/2022 of Kunnamkulam 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) Petitioners shall appear before the investigating officer as and when directed in writing and co-operate with the investigation in the matter;

(iv)They shall not influence or intimidate the witnesses.

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.24/2022 of Kunnamkulam Excise Range, Thrissur District may file an application before the jurisdictional Court, for cancellation of bail.