IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2401 of 2010() --------------------------------------- CMP.2049/2010 of J.M.F.C.-VII, TRIVANDRUM . CRIME NO.21/2010 OF CHIRAYINKEEZHU EXCISE RANGE . .................... PETITIONER/ACCUSED -------------------------------------- VIGNESWARAN @ VIGNAN, S/O.DASAN, VAYALTHITTA VEEDU, PERUMKUZHI DESOM, AZHOOR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2401 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the accused in Crime No.21/2010 of Chirayinkeezhu Excise Range under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on 1.4.2010 about 2 P.M the petitioner was found in possession of 3.25 liters of illicit arrack near Arattukadavu in Medayil Junction and thereby committed the offence punishable under Sections 8 (1) and (2) of Abkari Act. 3. The petitioner was arrested on the spot and is in remand thereafter. The Judicial First Class Magistrate Court-I Attingal rejected his bail application. 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him that he is mistakenly made an accused in this case, that he is the sole breadwinner of his family and 2 B.A. No. 2401 of 2010 if released on bail, he shall fully co-operate with the investigation. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The petitioner is in remand from 1.4.2010 onwards. The quantity of the illicit arrack allegedly seized from him is only 3.5 liters. The learned Public Prosecutor submits that no other case is registered against him for similar offence and that the investigation is almost over. Therefore, I feel that this is a fit case in which bail can be granted to the petitioner on conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the Judicial First Class 3 B.A. No. 2401 of 2010 Magistrate Court-I Attingal on the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 10 A.M and 11 A.M on all Mondays. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb