IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 1093 of 2009() ----------------------------- CRIME NO.16/09 OF MAVELIKKARA EXCISE RANGE CMP.1517/2009 of J.M.F.C., KAYAMKULAM .................... PETITIONER/ACCUSED -------------------------------------- BABU, AGED 38 YEARS, S/O.VASU, PANAYIL VADAKKATHIL VEEDU, BHARANICKAVU THEKKUM MURI, KATTANAM VILLAGE, MAVELIKKARA. BY ADV. SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT --------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY EXCISE INSPECTOR, MAVALIKKARA EXCISE RANGE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1093 of 2009 =============================== DATED: 06.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.16 of 2009 of Mavelikkara Excise Range for offences punishable under Secs.8 (1) and 8(2) of the Abkari Act for having been found in possession of 2 liters of arrack, seeks his enlargement on bail. Petitioner was arrested on 14.2.09. 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 w.e.f.16.03.09 on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Kayamkulam and subject to the following conditions: B.A.No.1093/09 -:2:- 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, including custodial 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. Dated this the 6th day of March, 2009 V.RAMKUMAR, JUDGE. sj B.A.No.1093/09 -:3:-