IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2172 of 2010(B) ------------------------------------------ (CRIME NO. 12/2010 OF EXCISE RANGE, HOSDURG, KASARAGOD DISTRICT) .......... PETITIONER/ACCUSED NO.2: ------------------------------------------ USHA.P.V, AGED 35 YEARS, W/O. KARUNAKARAN.B.,RESIDING AT ADOT, AJANUR VILLAGE, AJANUR.P.O. (VIA) ANANDASHRAM, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN, SRI. JOHNY THOMAS. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE INSPECTOR (CRIME NO.12 OF 2010 OF EXCISE RANGE, HOSDURG) HOSDURG, KASARAGOD. R1 & R2 BY PUBLIC PROSECUTOR MR. K.J. MOHAMMED ANSAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. K.MOHANAN, J. --------------------------------------- Bail Application No. 2172 of 2010 --------------------------------------- Dated this the 16th day of April, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner who is the accused in C.R. No.12/2010 of Excise Range Hosdurg for offences punishable under Sec. 56(b) of Abkari Act read with Rule 8(3) and 9(2) of Kerala Abkari Shops Disposal Rules 2002 for allegedly having been found in possession of 9.96% of Ethyl Alcohol, seeks anticipatory bail. 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioner and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the investigating officer concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Bail Application No. 2172 of 2010 2 Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following 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 Investigating Officer. 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. 5. The petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. 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.K.MOHANAN, mns/ JUDGE