IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Bail Appl..No. 2488 of 2008() --------------------------------------- CRIME NO.36/2008 OF KARUNAGAPPALLY EXCISE RANGE CRMP.638/2008 of I ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER/ACCUSED ------------------ BALAGOPAL, S/O.KRISHNA PILLAI, GOKULAM, MUZHANGODI MURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE INSPECTOR EXCISE RANGE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No.2488 of 2008 -------------------------------- Dated this the 18th day of April, 2008 O R D E R The petitioner is the sole accused in C.R.No.36/08 of Karunagappally Excise Range. The allegation is that on 26/2/2008 at 9.45 p.m when the Excise Inspector and party was on patrol duty and reached the road leading from Kuriyadi mukku to Shop Mukku found the petitioner abandoning 3 bottles of Old Muscot Rum, 2 ¼ litres in each bottle from the side of the road. According to the prosecution, the witnesses in the locality said that it was the petitioner who abandoned the contraband article. Even according to the prosecution, total quantity will come only 6.750 litres of I.M.F.L and there is no recovery from the possession of the petitioner. 2. In the above facts and circumstances, I am of the view that this petition can be allowed. Thus there will be a direction to the respondent to release the petitioner on bail in case he is arrested in connection with C.R.No.36/2008 of Karunagappally Excise Range on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: B.A.No.2488/2008 :2: 1. The petitioner is further directed to report before the Excise Inspector, Karunagappally Excise Range on all Wednesdays between 10 a.m and 11 a.m for a period of three months. 2. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. 3. 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.K.MOHANAN, JUDGE. jsr