IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5073 of 2010() ------------------------------------------ CMP.NO.2396/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, PEERMADE. ....... (C.R.NO.45/2010 OF PEERMADE EXCISE RANGE, PEERMEDU, IDUKKI DISTRICT) ... PETITIONER/4TH ACCUSED: ------------------------------------------ V.MOHANAN,S/O.VELAYUDHAN,EMOORUVEETLE, EDADKARA,ILLAPULLY VILLAGE,THODUPUZHA TALUK. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR,PEERMADE RANGE,(WRONGLY MENTIONED AS SHO PEERMADE)THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LATHA T.THANKAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5073 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2010 ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioner is accused in Crime No.45 of 2010 of Peermade Excise Range for having committed the offences punishable under Section 8(i) and (ii) of the Abkari Act. 3. The allegation against the petitioner is that on 6.8.2010 at about 6.25 p.m. while the excise party was on petrol duty, they happened to see the petitioner coming along the road with a plastic bag. He was intercepted and 2.5 litres of arrack was seized from his possession. Petitioner was arrested on the same day. Since then he is in custody. It is pointed out by the petitioner that he has been falsely implicated with ulterior motive. He also says that at any rate, his continued custody is unnecessary. B.A.5073/2010. 2 4. Learned Public Prosecutor opposes the application. It is pointed out that the material seized is arrack and that is a serious matter and that no leniency be shown to the petitioner. 5. Considering the quantity of the material seized and also the fact that the petitioner has been in custody from 6.8.2010, it is felt that a major portion of the investigation must have been over at the time of detention itself and there is no need to continue the custody. In the result, this application is allowed as follows: 1) Petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM-I, Peermade.. 2) Petitioner shall report before the investigating officer on every Monday between 10 a.m. and 11 a.m. till final report is laid. B.A.5073/2010. 3 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.