IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Bail Appl..No. 906 of 2009() -------------------------------------- CR. NO.5/2009 OF THE BALUSSERY EXCISE RANGE ........... PETITIONER (S): ACCUSED -------------------- HARIDASAN, S/O.PUTHIYANDI, AGED 49 YEARS, NAGATHAMKANDI, MODAKKALLUR DESOM, ATHOLI AMSOM, KOYILANDY TALUK. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, BALUSSERY EXCISE RANGE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A.No. 906 OF 2009 -------------------------------------------------- Dated this the 27th day of February, 2009 O R D E R Petitioner is the accused in Balussery Excise Crime 5 of 2009. Case against him is that on 9.2.2009 at about 11.15 a.m. he was found in possession of 5 litres of illicit arrack and he thereby committed an offence punishable under section 8(1) of Abkari Act. Petitioner was arrested on the same day and since then he is in judicial custody. Though he moved for bail, Judicial First Class Magistrate, Perambra dismissed the application. Learned counsel appearing for petitioner submitted that considering the quantity of the liquor seized and the period petitioner has been in custody, bail may be granted. Learned Public Prosecutor on instructions submitted that petitioner was not involved in any other case of this nature earlier and investigation is in progress. 2. As the petitioner was not involved in any offence of this nature earlier and has been in custody from 9.2.2009 and considering the fact that he was found in possession of only 5 B.A.906/2009 2 litres of illicit arrack, petitioner is granted bail on executing a bond for Rs.15,000/- with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate-II, Perambra. Petitioner shall make himself available for interrogation as and when called for by the investigating officer. He shall not threaten or influence the witnesses and shall not leave the state without previous permission of the Magistrate. M. SASIDHARAN NAMBIAR, JUDGE okb