IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Bail Appl..No. 2422 of 2008 ------------------------------------- (CR. NO. 302/2005 OF EXCISE RANGE, MAVELIKKARA) .................... PETITIONER/ 4TH ACCUSED: ------------------------------------------ SAMKUTTY,S/O. GEORGE, AGED 45 YEARS PADINJARE MANNIL KOYIKKAL HOUSE,XVI/419 KONNI, P.O. PATHANAMTHITTA. BY ADV. SRI.S.MUHAMMED HANEEFF. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REP. BY THE CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, ALAPPUZHA (CRIME NO. 302 OF 2005 ) EXCISE RANGE, MAVELIKKARA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application NO 2422 of 2008 - - - - - - - - - - - - - - - - Dated this the 18th April, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 4th accused in C.R. No.302/2005 of Excise Range, Mavelikkara for offences punishable under Sec. 12 of the RPF Act and Section 55(a) of the Abkari Act for having been found in possession of 30 cans each containing 35 litres of spirit (total 1050 litres), seeks his enlargement on bail. Petitioner is in custody since 20-2-2008. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of 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 on his executing a bond for Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Mavelikkara and subject to the following conditions: Bail A.No.of 2007 -:2:- 1. 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.K.MOHANAN, JUDGE. kvm/- Bail A.No.of 2007 -:3:-