IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Bail Appl..No. 2238 of 2011() ----------------------------- CRIME NO.8/2011 OF NEDUMANGADU EXCISE RANGE CMP.1340/2011 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/ACCUSED -------------------------------------- RAGHAVAN,S/O.APPAVU NADAR, KUNNUMPURATHU VEEDU, PAZHAVUNNIPARA,KOTTAKKAKOM DESOM,VITHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------------- Bail Application No.2238 of 2011 --------------------------------------------------------- Dated this the 25th day of March, 2011. ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner who is the sole accused in Crime No.8 of 2011 of Nedumanagad Excise Range for offences punishable under Sections 8 (1) & 8(2) of the Abkari Act for having been found in possession of 4.5 litres of arrack, seeks his enlargement on bail. Petitioner was arrested on 01/03/2011. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 11/04/2011 on his executing a bond for `35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad and subject to the following conditions: - 1. The petitioner shall report before the Investigating Officer between 9 a.m. and Bail Appln.No.2238/2011 -:2:- 11 a.m. on all Wednesdays till the filing of the final report. 2. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. 3. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall not commit any offence while on bail. 6. The petitioner shall notify his place of residence before executing the bail bond. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 25th day of March, 2011. V.RAMKUMAR, JUDGE. skj