IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3528 of 2011() ----------------------------- CRIME NO.2992/2010 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT .................... PETITIONER/ACCUSED NO.2: ---------------------------------- NAWAZ, AGED 33 YEARS, S/O. ABDUL REHMAN, THACHAVALLATH HOUSE, NALAM MILE, KEEZHMADU, ALUVA. BY ADV. SRI.JAISON JOSEPH RESPONDENTS/STATE: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE STATION, ALUVA POLICE STATION. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, ALONG WITH BA NO.3551/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3528 and 3551 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of May,2011 O R D E R Petitioners are accused Nos.2 and 3 in Crime No.2992/2010 of Aluva Police Station, Ernakulam District. It was registered under Sections 55(a), 8(1), 8(2) etc of Abkari Act. Petitioners were arrested on 24.03.2011. Their bail applications were dismissed by the trial Court. 2. The material allegation is that on 23.10.2010 at about 9 a.m. five accused persons were found in possession of 36 litres of arrack. 3. Petitioners seek regular bail. 4. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. 5. Since 24.03.2011, they have 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 they will abide any condition that may be imposed B.A. Nos.3528 & 3551 of 2011 -:2:- on them, the accused are granted bail with effect from 18.05.2011, subject to the following conditions: i. The accused shall execute a bond for `75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum to the satisfaction of JFCM-I, Aluva. 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 themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar B.A. Nos.3528 & 3551 of 2011 -:3:- to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of 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 JFCM-I Court, Aluva 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. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE ttb