IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 11TH SEPTEMBER 2006 / 20TH BHADRA 1928 Bail Appl..No. 5073 of 2006 ----------------------------- CRMP.6169/2006 of J.M.F.C.-III, PUNALUR CRIME NO.44/2006 OF EXCISE RANGE, PATHANAPURAM .................... PETITIONER/ACCUSED ------------------------------------ SURESH KUMAR @ VASUNDHARAN, S/O. PARAMU, CHARUVUKALAYIL VEEDU, GOVINDAMADOM, PATTAZHI VADAKKEKARA VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: COMPLAINANT AND STATE ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, PATHANAPURAM RANGE, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5073/2006 ------------------ DATED THIS THE 11TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner was arrested on 11.7.2006, by the Pathanapuram Excise Range Officials, who registered C.R.No.44/2006 of that Excise Range, for the offence punishable under Section 8(1) & (2) of the Abkari Act. He remains in judicial custody, as remanded by the Court below. 2. The prosecution submits that there is also another case registered against him. Therefore, bail was not granted at the first instance. Hence this application, under Section 439 Cr.P.C. 3. After hearing both sides and considering the duration of the judicial detention, I grant bail and release the petitioner from jail, subject to the following conditions:- (a). The petitioner shall execute a bond B.A.5073/2006 2 for Rs.25,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of First Class- III, Punalur. (b). The petitioner shall report before the Investigating Officer, once in a week on every Friday, between 10.00 a.m and 11.00 a.m., for a period of three months, starting from 15.9.2006. The application is allowed as above. J.M.JAMES JUDGE mrcs