IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 5148 of 2010() ---------------------------------- CMP.2467/2010 of J.M.F.C., MANNARKAD .................... (CRIME NO.48/2010 OF AGALI EXCISE RANGE, PALAKKAD DISTRICT.) PETITIONER/ACCUSED: ---------------------------- SELVARAJ, S/O.KRISHNAN, AGED 26 YEARS, CHERAMANKANDI OORU, THAVALAM DESOM, AGALI VILLAGE, PALAKKAD. BY ADVS. SRI.MANSOOR.B.H. SRI.B.H.ANSIL RESPONDENT(S): COMPLAINANT/STATE: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, EXCISE RANGE, AGALI RANGE, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5148 of 2010 ------------------------------------------------ Dated this the 31st day of August, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.48/2010 of Agali Excise Range for offences punishable under Sections 8 (1) & 8(2) of Kerala Abkari Act for having been found in possession of 4.5 liters of illicit arrack, seeks his enlargement on bail. The petitioner was arrested on 13/8/2010. 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 14/9/2010 on his executing a bond for Rs.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 Bail Appln.No.5148/2010 : 2 : First Class, Mannarkkad and subject to the following conditions: - 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. 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. V.RAMKUMAR, JUDGE skj