IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Bail Appl..No. 5480 of 2010() ---------------------------------- (CRIME NO.33/2010 OF MANNARKAD EXCISE RANGE, PALAKKAD DISTRICT CMP.2570/2010 of J.M.F.C., MANNARKAD) .................... PETITIONER(S)/SOLE ACCUSED ------------------------------------- KUNHAPPAN @ PARAMESWARAN, AGED 58 YEARS, THADATHIARABIL VEEDU, CHOORAATTA DESOM, ALANALLUR, MANNARKAD, PALAKKAD. BY ADVS. SRI.MANSOOR.B.H. SRI.B.H.ANSIL RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, EXCISE RANGE MANNARKAD RANGE, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5480 of 2010 * * * * * * * * * * * * * * * * * * DATED: 20th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.33/2010 of Mannarkad Excise Range for offences punishable under Sections 55(a) (b) (g) and 8(1) and (2) of the Abkari Act for having been found in possession of 5 liters of arrack and 36 liters of wash, seeks his enlargement on bail. The occurrence took place on 13.8.2010. Petitioner was arrested on 27.8.2010. 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 undergone by 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 with effect from 04.10.2010 on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M Court, Mannarkad and subject to the following conditions: - Bail Application No.5480 of 2010 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.RAMKUMAR, JUDGE. dmb