IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Bail Appl..No. 8884 of 2011() ----------------------------------------- CR. NO.79/2011 OF KATTAPPANA EXCISE RANGE OFFICE, IDUKKI DIST. .................... PETITIONER/ACCUSED ---------------------------------- JOSEPH @ RAJU, S/O.KUTTAPPAI, THARAVATHUKKAL HOUSE, ADALI KARA, AYYAPPANCOVIL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL, SRI.VIPIN NARAYANAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, KATTAPPANA EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.R. RANJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.8884 of 2011 ---------------------------------------------------- Dated this the 28th day of October, 2011 Order The petitioner is the accused in Crime No.79 of 2011 of Kattappana Excise Range. The allegation is that he was found engaged in sale of Indian Made Foreign Liquor(IMFL). The offence alleged against him is under Section 55(a)(i) of the Abkari Act. It is stated that accused was found in possession of 2.5 litres of IMFL. The accused has been in custody from 13.10.2011 onwards. 2. The learned Public Prosecutor has opposed this application stating that the petitioner was actually engaged in sale of IMFL. The learned counsel for the petitioner submits that the quantity alleged to have been seized is only 2.5 litres. Since the prosecution contends that it was actually kept or used for sale, the fact that the IMFL seized is of lesser quantity may not help the accused. However, considering all the aspects and also considering the fact that the petitioner has been in custody from 13.10.2011 onwards, the petitioner is granted bail but only with BA 8884/11 2 effect from 3.11.2011 on the following conditions: 1. The petitioner shall execute a bond for Rs.25,000/- (Rs.Twenty Five Thousand only) with two solvent sureties each for the like amount. 2. Sureties shall produce the attested photocopies of the title deeds besides the recent basic tax receipts. 3. Accused shall appear before the investigating officer on all Saturdays between 10AM and 11 AM until further orders. 4. He shall not in any way influence the witnesses and shall not leave Idukki District without the permission of the jurisdictional Magistrate. 5. While on bail, he shall not commit any offence of similar nature. N.K.BALAKRISHNAN, JUDGE. srd BA 8884/11 3 BA 8884/11 4