IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Bail Appl..No. 879 of 2009() ---------------------------------------- (CRIME NO.15/09 IN PATHANAMTHITTA EXCISE) PETITIONER(S): ACCUSED: ------------------------------------------ SANTHOSH, S/O.THANKAPPAN, KARAKATHU PUTHEN VEEDU, KIDANGANNUR VILLAGE, KOZHENCHERY. BY ADV.MR.A.C.DEVY RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE A.P.P.SRI.ABDUL KHADAR KUNJU.S BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A.No. 879 OF 2009 -------------------------------------------------- Dated this the 2nd day of March, 2009 O R D E R Petitioner is the accused in Crime No.15 of 2009 of Pathanamthitta Excise. He was found to be in possession of 10 litres of arrack on 1.2.2009 and was arrested and produced before the Magistrate on 2.2.2009 and since then he has been in custody. The petition for bail was rejected by the learned Magistrate. Learned counsel appearing for petitioner submitted that petitioner was not involved in any offence of this nature earlier and he is prepared to abide by the conditions and in such circumstances bail may be granted. Learned Public Prosecutor, on instructions, submitted that petitioner was not involved in any offence of this nature. 2. Considering the quantity of the liquor seized and the period of detention and the fact that petitioner was not involved in any offence of this nature earlier, petitioner is granted bail on the following conditions. (1) Petitioner shall execute a bond for Rs.10,000/- with B.A.879/2009 2 two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate, Pathanamthitta. (2) He shall appear before investigating officer as and when directed. (3) He shall not influence or threaten any witness. M. SASIDHARAN NAMBIAR, JUDGE okb