IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Bail Appl..No. 969 of 2011() --------------------------------------- C.M.P.NO.238/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALY CR.NO.02/2011 OF ADIMALY EXCISE RANGE. ....................... PETITIONER: ------------------- RAJU, S/O.SREEDHARAN UNNI, THOPPIL VEEDU, 200 ACRE KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, ADIMALY, IDUKKI DISTRICT. BY ADV. SMT.C.S.SHEEJA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ADIMALY EXCISE RANGE. R1 & R2 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.969 of 2011 ----------------------------------------------- Dated this the 11th day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in CR.No.2 of 2011 of Adimaly Excise Range for an offence punishable under Section 55(i) of Abkari Act for having been found in possession of 2.5 litres of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 28/01/2011. 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 25/02/2011 on his executing a bond for `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, Adimaly and subject to the following conditions:- Bail Appln.No.969 /2011 -: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