IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH DECEMBER 2006 / 17TH AGRAHAYANA 1928 Bail Appl..No. 7292 of 2006() ----------------------------- AGAINST THE ORDER IN BA.6794/2006 Dated 20/11/2006 CMP.2388/2006 of J.M.F.C.-II, SULTHANBATHERY CR NO.95/2006 OF SULTHAN BATHERY EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------------------ E.S. VENU, S/O.SRIDHARAN, AGED 36, ERATHEL (H), BHOOTHANAM KAVALA, PULPALLY. BY ADV. SRI.S.M.PRASANTH DR.K.BALAKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI. P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO.7292 of 2006 - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2006. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R. No.95 of 2006 of Sulthan Bathery Excise Range for offences punishable under Sec. 8(1) and (2) of the Abkari Act for having been found in possession of 5 liters in 50 packets of Karnataka arrack, seeks his enlargement on bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Sulthan Bathery and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. BA 7292/06 -: 2 :- 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. ani.