IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Bail Appl..No. 1010 of 2009() ----------------------------------------- (CR.NO.15/09 OF KOTTARAKARA EXCISE RAGE) PETITIONER(S): ACCUSED; ------------------------------------------ PHILIP, AGED 52 YEARS, S/O.PAPPY, CHARUVILA PUTHEN VEEDU, POOVATTOR WEST, KULAKKADA VILLAGE, KOTTARAKARA. BY ADV. MR.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KOTTARAKARA EXCISE RANGE, KOTTARAKARA. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A.No. 1010 OF 2009 -------------------------------------------------- Dated this the 2nd day of March, 2009 O R D E R Petitioner is the accused in Crime No.15 of 2009 of Kottarakkara Excise Range. He was arrested on 8.2.2009 at about 5.50 p.m. having found in possession of 4 litres of arrack. He was produced before Judicial First Class Magistrate-I, Kottarakkara on 9.2.2009 and has been in custody since then. Learned counsel appearing for petitioner submitted that petitioner was not involved in any offence of this nature earlier and he is prepared to abide by any conditions and in such circumstances, bail may be granted. 2. Learned Public Prosecutor as per instructions submitted that petitioner was not involved in any case of offences under Abkari Act earlier. 3. Considering the fact that the quantity of liquor seized is only 4 litres and that petitioner was not involved in any offence of this nature earlier and he has been in custody from 9.2.2009, petitioner is granted bail on the following conditions. B.A.1010/2009 2 (1) Petitioner shall execute a bond for Rs.10,000/- with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate-I, Kottarakkara. (2) He shall appear before the investigating officer as and when called for. (3) He shall not influence or threaten any witness or in any way interfere with the investigation and shall not involve in any offence of this nature again. M. SASIDHARAN NAMBIAR, JUDGE okb