IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3702 of 2011() ----------------------------- CRMP.4696/2011 of J.M.F.C.-III, PUNALUR (CRIME NO.4/2011 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT) .................... PETITIONER/ACCUSED -------------------------------------- SUGATHAN, S/O.KOCHUKUNJU, NELLIVILA VEEDU, THODIKANDAM, KARAVUR MURI, PIRAVANTHUR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (4/2011 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT). PUBLIC PROSECUTOR MR.S.U.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3702 of 2011 ------------------------------------- Dated this the 20th day of May 2011 Order Petitioner is the accused in Crime No.4/2011 of Pathanapuram Excise Range in Kollam District, for the offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act. Petitioner was arrested on 29.01.2011. His bail application was dismissed by the trial Court. 2. The allegation against the petitioner is that he was found in possession of 10 litres of arrack on 09.01.2011. 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. Since 29.01.2011, he has been in judicial custody. 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 any condition that may be imposed on him, the accused is granted bail, subject to the BA 3702/11 2 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 JFCM-III, Punalur. If 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 AM to 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 BA 3702/11 3 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 JFCM Court-III, Punalur 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. 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 his residence without intimating the Investigating Officer and the learned Magistrate. N.K.Balakrishnan, Judge sta BA 3702/11 4 BA 3702/11 5