IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Bail Appl..No. 6726 of 2010(B) ------------------------------ CR NO.40/2010 OF VADAKARA EXCISE RANGE CMP.5142/2010 of J.M.F.C.,VADAKARA .................... PETITIONER/ACCUSED -------------------------------------- BABU, S/O.BALAN, AGED 45 YEARS, OTTAPILAKOOL HOUSE, PUTHUR DESOM, NADAKKUTHAZHA, VADAKARA TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE --------------------------------------------------------------- 1. THE EXCISE INSPECTOR, VADAKARA EXCISE RANGE, VADAKARA. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.6726 of 2010 - - - - - - - - - - - - - - - - DATED: 29.10.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the sole accused in C.R. No.40/2010 of Vadakara Excise Range for offences punishable under Sec.55(a) of the Abkari Act read with Rule 9 of the Foreign Liquor Rules for having been found in possession of 4.125 litres of IMFL, seeks his enlargement on bail. Petitioner was arrested on 9.10.2010. 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 w.e.f.11.11.2010 on his executing a bond for `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, Vatakara and subject to the following conditions: - B.A.No.6726 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. sj