IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3424 of 2011() ---------------------------------------- CR. NO.16/2011 OF BADIADKA EXCISE RANGE, KASARAGOD DISTRICT. ............... PETITIONER/ACCUSED -------------------------------------- BHASKARAN.M., AGED 31 YEARS, S/O.(LATE) NARAYANAN, EDATHODU VEEDU, MULLIYAR VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY INSPECTOR OF POLICE, BADIADKA EXCISE RANGE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.CHARISMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No.3424 OF 2011 --------------------------------------- Dated this the 10th day of May, 2011 ORDER Petitioner is the accused in Crime No.16/2011 of Badiadka Excise Range, Kasaragod. It was registered under Section 55(a) of the Abkari Act. The petitioner was arrested on 10.4.2011. His bail application was dismissed by the trial Court. Since 10.4.2011 he has been in judicial custody, the petitioner seeks regular bail. Considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the petitioner is granted bail with effect from 18.5.2011 subject to the following conditions: 1. The petitioner shall execute a bond for Rs.75,000/- with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate Court-I, Kasargod. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can B.A.No.3424/11 2 insist for production of the attested photo copies of the original title deeds of the sureties. 2. The petitioner shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 3. The petitioner shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. 4. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 5. The petitioner and the sureties shall not leave the jurisdiction of the of Judicial First Class Magistrate Court-I, B.A.No.3424/11 3 Kasargod without the prior permission of the learned Magistrate. 6. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. 7. The petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE acd B.A.No.3424/11 4 B.A.No.3424/11 5