IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3621 of 2011() --------------------------------------- CMP.1177/2011 of J.M.F.C.-II, SULTHANBATHERY CR. NO.44/2011 OF SULTHAN BATHERI EXCISE RANGE, WAYANAD DISTRICT .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- T.D.JOSEPH, S/O.DEVASYA, THOPPIL HOUSE, IRULAM VILLAGE, IRULAM, SULTHAN BATHERI, WAYANAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.K.MEERA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. --------------------------- B.A.No. 3621 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioner is the first accused in CR No.44/2011 of Sulthan Batheri Excise Range, Wayanad District for the offences punishable under Sections 57(a) and 56(b) of the Kerala Abkari Act. The petitioner was arrested on 01/05/2011. His bail application was dismissed by the trial Court. 2. The material allegation is that the petitioner had mixed some other substance with toddy inviting offences punishable under Sections 57(a) and 56(b) of the Act. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. The learned counsel for the petitioner submits that report has not been received so far and only if the report is B.A.No.3621 /2011 2 received it can be stated that the charges are punishable under Sections 57(a) and 56(b) of the Act. Therefore, for the time being he has to be granted bail. Accordingly, considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on him, the accused is granted bail subject to the following conditions: i. The accused shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-II, S.Bathery. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused 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 B.A.No.3621 /2011 3 AM and 11.30 AM until further orders. iii. The accused 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. iv. The accused 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. v. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court-II, S.Bathery without the prior permission of the learned Magistrate. vi. 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. B.A.No.3621 /2011 4 vii. 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. This Bail Application is allowed as above. N.K.BALAKRISHNAN (JUDGE) jg