IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Bail Appl..No. 5803 of 2010() ------------------------------------------ (CRIME NO.459/2010 OF THE KUNNAMANGALAM POLICE STATION, KOZHIKODE) ......... PETITIONER/ACCUSED: -------------------------------------- ACHUTHAN, S/O.IMBICHAMAN, AGED 74 YEARS, PUTHENVEETIL HOUSE, CHOOLOOR.P.O., POOLAKODE AMSOM, VELLANOOR DESOM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5803 of 2010 ------------------------------------------------ Dated this the 27th day of September, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.459 of 2010 of Kunnamangalam Police Station for an offence punishable under Section 8(2) of the Abkari Act for having been found in possession of 2 ½ litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 11/9/2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offence, 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 12/10/2010 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 First Class, Kunnamangalam and subject to the following conditions: - Bail Appln.No.5803/2010 : 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 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