IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2491 of 2010() ----------------------------------------- (CR.NO.22/2010 OF EZHUKONE EXCISE RANGE, KOLLAM DISTRICT) PETITIONER/ACCUSED: -------------------------------------- THOMASKUTTY GEORGE, AGED 48 YEARS, S/O/GEORGE, ANIL BHAVAN, KAITHACODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.RAVINDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q. BARKATH ALI, J. =================== B.A. No. 2491 of 2010 ================== Dated this the 6th day of May, 2010 O R D E R This is a bail application filed by the accused in C.R.No. 22/2010 of Ezhukone Excise Range-Kollam District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on 3.4.2010 at 7.00am, the Excise Inspector and his party found that the petitioner was in possession of 7 litres of arrack at Eruthanangadu in Pavithreswaram Village and thereby committed an offence punishable under section 8(1) & (2) of the Abkari Act. 3. The petitioner was arrested on the spot and is in remand thereafter. The Judicial First Class Magistrate-I, Kottarakara has dismissed his bail application. 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that he was falsely implicated in this case and that therefore he may be B.A. No. 2491 of 2010 -2- released on bail. 5. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 7. For the following reasons, I am inclined to grant bail to the petitioner. The learned Public Prosecutor has submitted that the investigation in this case is almost over, and that there are no similar cases registered against the petitioner. Further he is in remand from April 3, 2010 onwards. Therefore, I feel that the petitioner can be released on bail, subject to conditions. 8. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Kottarakara on the following conditions:- B.A. No. 2491 of 2010 -3- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 10AM and 11AM. 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) In case of breach of any of the conditions mentioned above, the Magistrate can cancel his bail. P.Q. BARKATH ALI, JUDGE. jvt