IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 492 of 2011() -------------------------------- (CRIME NO. 51/2010 OF THE ALATHUR EXCISE RANGE, PALAKKAD DISTRICT) ........ APPLICANT/ACCUSED -------------------------- KRISHNANKUTTY, AGED 57 YEARS, S/O. KUNCHU, VADAKKEKALAM VEEDU, MANAPADAM DESOM, PUTHUKODE, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE, ALATHUR. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.492 of 2011 ----------------------------------------------- Dated this the 25th day of January, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.51 of 2010 of Alathur Excise Range for an offence punishable under Section 8(2) of the Kerala Abkari Act for having been found in possession of 1.6 litres of coloured arrack, seeks his enlargement on bail. The petitioner was arrested on 23/12/2010. 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 29/01/2011 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, Alathur and subject to the following conditions:- Bail Appln.No.492/2011 -: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