IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3659 of 2011() --------------------------------------- CMP.3087/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.24/2011 OF HOSDURG EXCISE RANGE, KASARAGOD DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- A.DINESHAN, S/O. ATHIKKANDATHIL AMBADI, AGED 35 YEARS, THERANKAL, THAYANNUR VILLAGE. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. THE S.H.O., HOSDURG EXCISE RANGE, KASARAGOD DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.K.MEERA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. --------------------------- B.A.No. 3659 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioner is the accused in Crime No.24/2011 of Hosdurg Excise Range, Kasaragod District for the offences punishable under Sections 8(1) & 8(2) of the Kerala Abkari Act. Petitioner was arrested on 11/04/2011. His bail application was dismissed by the trial Court. 2. The material allegation is that on 10/04/2011, the petitioner was found in possession of 5 litres of arrack. He was in judicial custody from 11/04/2011 onwards. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 11/04/2011 he has been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on B.A.No.3659 /2011 2 him, the accused is granted bail subject to the following conditions: i. The accused shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-I, Hosdurg. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM and 11.30 AM until further orders. iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of B.A.No.3659 /2011 3 the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court-I, Hosdurg without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. This Bail Application is allowed as above. N.K.BALAKRISHNAN (JUDGE) jg