IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Bail Appl..No. 8190 of 2010 ------------------------------------------- CMP.2097/2010 of J.M.F.C.-II, HARIPAD CRIME NO.458/2010 OF KAREELAKULANGARA POLICE STATION .................... PETITIONER/1st ACCUSED: BINU, AGED 32 YEARS, S/O GOPI, KIZHAKKALLUMMOOTTIL HOUSE, WARD NO.V, PATHIYOOR PANCHAYAT, PATHIYOOR VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- B.A.No.8190 of 2010 -------------------------- ORDER Petitioner, the first accused in Crime No. 458/2010 of Kareelakulangara Police Station, registered for the offences under Sections 8(1) and (2) and 55(a) and (i) of Abkari Act, was arrested on 16.10.2010 as the accused were found in possession of 40 litres of illicit arrack. Petitioner has been in custody since then. 2. Learned counsel appearing for the petitioner submitted that as petitioner has been in custody since 16.10.2010, he be released. It is submitted that though two other cases were also registered, petitioner was acquitted in both the cases. Petition is allowed. Judicial First Class Magistrate-II, Haripad is directed to release the petitioner on bail on executing a bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like sum to the BA 8190/10 2 satisfaction of the learned Magistrate on the following conditions: 1. Petitioner shall appear before the Investigating Officer on every Wednesday and Sunday between 10 a.m. and 12 noon for one month and thereafter as and when required by the Investigating Officer. 2. Petitioner shall not influence, induce or threaten any person from disclosing the facts known to him to the Investigating Officer. 3. Petitioner shall not leave India without the previous permission of the learned Magistrate. 15th December, 2010 (M.Sasidharan Nambiar, Judge) tkv