IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2815 of 2008() ---------------------------------------- CRIME NO.79/2007 OF ARYANAD EXCISE RANGE CMP.2926/2008 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/3RD ACCUSED --------------------------------------- RAJESH,S/O.DANAN NADAR, THADATHARIKATHU VEEDU, MAILAMOODU,KOKKOTTELA, KOTTAKKAKAM MURI,ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No.2815 of 2008 --------------------------- ORDER This is an application for bail filed under Section 439 of the Cr.P.C. 2. Petitioner is the third accused in CR No.79/07 of Aryanad Excise Range, registered for offences under Sections 8(1) and (2) and 55(a) and (g) of the Abkari Act, consequent on detection of possession by him of 25 litres of wash and 35 litres of arrack on 7.8.2007. He was arrested on 8.4.2008 and he is in custody ever thereafter, as his application for grant of bail was dismissed by the Magistrate on 9.4.2008 vide Annexure-I order. The petitioner is in custody for about a month and there is no reason why he has to be detained any further without granting bail. In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.20,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. BA 2815/08 2 On such release, the petitioner shall co- operate with the investigation in the case and shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town, in which he is having his permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv