IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH DECEMBER 2010 / 7TH POUSHA 1932 Bail Appl..No. 8524 of 2010() ----------------------------- CR. NO.99/2010 OF EXCISE RANGE KATTAPPANA APPLICANT/ACCUSED ------------------------------------- MUNIYANDI, S/O.THIRUMAL, MUNIYANDIVILASAM HOUSE, WARE HOUSE COLONY, VANDANMEEDU KARA, VANDANMEEDU VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, EXCISE RANGE, KATTAPPANA. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8524 of 2010 ----------------------------------------------------- Dated this the 28th day of December, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in C.R.No.99 of 2010 of Kattappana Excise Range, for an offence punishable under Section 55(a) & (i) of the Abkari Act for having been found in possession of 910 ml. of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 15/12/2010. 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 04/01/2011 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, Nedumkandom and subject to the following Bail Appln.No.8524/2010 : 2 : conditions:- 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