IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 18TH SEPTEMBER 2006 / 27TH BHADRA 1928 Bail Appl..No. 5320 of 2006 ----------------------------- CMP.4059/2006 of J.M.F.C.,THIRUVALLA CRIME NO.21/2006 OF EXCISE RANGE, MALLAPPALLY .................... PETITIONER/ACUSED. ----------------------------------- K.DEVARAJAN, S/O.KRISHNAN, PUTHENPARAMBIL VEEDU, KIDANGARA MURI, VELIYANADU VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.S.VIJAYAKUMAR RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5320/2006 ------------------ DATED THIS THE 18TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner is the first accused in C.R.No.21/2006 of Excise Range, Mallappally. He is the brother of the second accused, the licensee of the toddy shop No.4/06-07 of Mallappally range. On inspection, the Excise officials seized five litres of toddy and also 300 ml of illicit arrack. The petitioner was therefore, arrested. 2. The prosecution submitted that the petitioner had sold the toddy mixed with arrack, which is against the regulations. It is also further submitted that the second accused was not so far arrested. The petitioner remains in judicial from 13.8.2006. Hence this application, under Section 439 Cr.P.C. 3. Considering the facts situation of the case, I grant bail and release the petitioner from jail, subject to the following conditions:- B.A.5320/2006 2 (a). The petitioner shall execute a bond for Rs.25,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of First Class, Thiruvalla. (b). The petitioner shall report before the Investigating Officer, once in a week on every Friday, between 10.00 a.m and 11.00 a.m., for a period of three months, starting from 22.9.2006. The application is allowed as above. J.M.JAMES JUDGE mrcs