IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3454 of 2011() ----------------------------- CRMP.1079/2011 of I ADDL. DISTRICT COURT, KOLLAM CRMP.4620/2011 of J.M.F.C.-I, PUNALUR CRIME NO.42/2011 OF PATHANAMTHITTA EXCISE RANGE, KOLLAM DISTRICT .................... PETITIONER/ACCUSED --------------------------- SANTHI, D/O. SAROJINI, AGED 47 YEARS, ANDOOR PACHA, EDAMON VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN-691 329. BY ADVS. SRI.THOMAS M.JACOB SRI.AKHIL K.MADHAV RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3454 of 2011 ------------------------------------- Dated this the 10th day of May 2011 Order This is a petition filed under Section 439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is accused in Crime No.42/11 of Pathanamthitta Excise Range for the offences punishable under Ss.8(2) r/w S.8(1) of the Abkari Act. The allegation is that the accused was found in possession of two litres of arrack. The accused has been in judicial custody from 07.04.2011. Considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on him, the accused is granted bail with effect from 18.05.2011, subject to the following conditions: 1. The accused shall execute a bond for Rs.10,000/- BA 3454/11 2 (Rupees Ten Thousand) with two solvent sureties each for the like sum to the satisfaction of JFCM-I, Punalur. If in case the learned Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. 2. The accused shall make himself available for interrogation by the investigating officer and he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 3. The accused shall produce his original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the learned Magistrate . 4. The accused will also file an affidavit that he will abide by all the conditions mentioned above and that BA 3454/11 3 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 the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 5. The accused and the sureties shall not leave the jurisdiction of the JFCM-1, Punalur without the prior permission of the learned learned Magistrate . 6. The learned learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc. 7. 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 their residence without intimating the Investigating Officer and the BA 3454/11 4 learned learned Magistrate. N.K.Balakrishnan, Judge sta