IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2812 of 2008() --------------------------------------- CRIME NO.48/2005 OF EXCISE RANGE, KATTAKADA CMP.1528/2008 of J.M.F.C.,KATTAKADA .................... PETITIONER/ACCUSE : ----------------- VIVEKANDANA @ PODIYAN, S/O.KUTTAN PANCIKER,KADAYARA VEEDU, KANAVIA VATTAVILAKATHU KADAYARA VEEDU, MALAYINKIL DESOM,MALAYINKIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU RESPONDENT: STATE --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No.2812 of 2008 --------------------------- ORDER This is an application for bail filed under Section 439 of the Cr.P.C. 2. Petitioner is the accused in Crime No.48/05 of Kattakada Excise Range, registered for offences under Sections 8(1) and (2) of the Abkari Act, consequent on detection of possession by him of 70 litres of arrack at 12.20 p.m. on 10.6.2005. The petitioner, who was in custody, was being produced before court as per production warrant on 24.3.2008 and was remanded to judicial custody up to 7.4.2008 as per Annexure-I order passed by the learned Magistrate, refusing to grant bail. There is no justification in detaining the petitioner, despite investigation in the case is stated to be almost complete. In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.15,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. BA 2812/08 2 On such release, the petitioner shall co- operate with the investigation in the case and shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town, in which he is having his permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv