IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Bail Appl..No. 862 of 2011() ---------------------------------------- CP.NO.33/2010 of MUNSIFF MAGISTRATE COURT, SOUTH PARAVOOR, KOLLAM .................... PETITIONER/ACCUSED NO.4 ------------------------------------------- UPENDRAN @ SHAJI, S/O.SUKUMARAN, S.S. BHAVAN, ARYANADU WARD NO.1, KONATHOTTU ELAYIL, ARYANADU VILLAGE. BY ADV. SRI.S.RAJEEV, SRI.K.K.DHEERENDRA KRISHNAN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.215/2005 OF PARIPALLY POLICE STATION PENDING AS CP.NO.33 OF 2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVUR, KOLLAM DISTRICT). BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.862 of 2011 ----------------------------------------------- Dated this the 9th day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.4 in Crime No.215 of 2005 of Paripally Police Station for an offence punishable under Section 55(a) & (i) of the Abkari Act for having been found in possession of 630 litres of spirit, seeks his enlargement on bail. The petitioner was arrested on 05/01/2011. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offence, the duration of judicial custody undergone by 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 with effect from 14/02/2011 on his executing a bond for `5,00,000/- (Rupees Five lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, South Paravur and subject to the following conditions:- Bail Appln.No.862/2011 -2- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. 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 skj