IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2828 of 2008 ------------------------------------- (CR, NO. 4/2004 OF EXCISE RANGE, KATTAKADA CMP.1529/2008 of J.M.F.C.,KATTAKADA) .................... PETITIONER/ACCUSED --------------------------------- VIVEKANANDAN @ PODIYAN, S/O.KUTTAN PANICKER, KANAVILA EDAVILAKATHU VEEDU, MALAYINKIL DESOM, MALAYINKIL VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: STATE ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJED ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No. 2828 of 2008 --------------------------- ORDER This is an application for bail filed under Section 439 of the Cr.P.C. 2. Petitioner is the accused in Crime No.4/04 of Kattakkada Excise Range, registered for offences under Sections 8(1) and (2) of the Abkari Act, consequent on detection of possession by him of seven litres of arrack in a can at about 4 p.m. on 19.1.2004. In the case, which is registered as early as in 2004, the petitioner was arrested and remanded to judicial custody only on 24.3.2008, which shows that the Investigating Agency was not at all keen in having the petitioner apprehended and investigation in the case completed. Considering the period of detention already undergone by the petitioner and the quantum of the contraband involved in the case, I am of the view that there is no reason why the petitioner has to be detained any further. BA 2828/08 2 In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.15,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. On such release, the petitioner shall co- operate with the investigation in the case and shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town, BA 2828/08 3 in which he is having his permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv