IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Bail Appl..No. 4601 of 2009() ----------------------------------------- (CRIME NO.70/2009 OF KARTHIKAPALLY EXCISE RANGE,ALAPPUZHA) PETITIONER/ACCUSED: -------------------------------------- RAVI, AGED 43 YEARS, S/O.CHELLAPPAN, SOBHANALAYAM VEEDU, KANICHANALLOOR MURI, CHEPPAD VILLAGE, KARTHIKAPALLY. BY ADV. MR.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARTHIKAPALLY, ALAPPUZHA DISTRICT. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.4601 OF 2009 ------------------------------------------ Dated 25th August 2009 O R D E R Petitioner was arrested on 3/8/2009 finding him in possession of four litres of illicit arrack in a ten litre can. Crime No.70/2009 of Karthikapally Excise Range was registered for the offences under Sections 8(1) and 8(2) of Kerala Abkari Act. Petitioner has been in custody since then. His application for bail was rejected by the Magistrate. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that considering the quantity of liquor seized and the period of detention, he may be granted bail as he was not involved in any other case earlier. Learned Public Prosecutor submitted that no other case of this nature was reported as against petitioner earlier. 4. Considering the quantity of liquor and period of detention and the fact that he was not involved in any other case earlier, petitioner could BA 4601/09 2 be granted bail on sufficient conditions. 5. Petitioner shall be released on bail on executing bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-II, Haripad on the following conditions. 1) Petitioner shall appear before the investigating officer on every Monday and Friday between 10 and 12 a.m for two months and thereafter as and when directed by the investigating officer. 2) Petitioner shall not induce, threaten or influence any witness from revealing the facts known to him to the investigating officer and shall not in any way interfere with the investigation. 3) Petitioner shall not leave the State without previous permission of the Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.