IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2844 of 2008 -------------------------------------- (CRIME NO. 61/2006 OF EXCISE RANGE, KATTAKADA) .................... PETITIONER/ ACCUSED:- ------------------------------------ VIVEKANANDAN @ PODIYAN, S/O. KUTTAN PANICKER, KANAVILA VATTAVILAKATHU VEEDU, KUNNAMPARA, KUNNAMPARA DESOM, MALAYINKIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.NAGARAJ NARAYANAN, ADV. SRI.SAIJO HASSAN. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2844 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for bail under Section 439 of the Cr.P.C. Petitioner is accused in Crime No.61/06 of Kattakada Excise Range registered for offences under Sections 8(1) and (2) of the Abkari Act consequent on detection of possession by him of 1.5 litres of arrack at about 2.45 p.m. on 05/08/06 in a can having capacity of 2.5 litres. He was already in judicial custody from 21/02/08 and was being produced in this case before the Magistrate on 24/03/08 on production warrant and was being remanded to judicial custody till 07/04/08 vide Annexure-I order. This court also rejected the bail application vide Annexure-II order. Considering the period of detention already undergone and the quantity of contraband involved in the commission of the offence, I am of the view that the petitioner can be granted bail imposing stringent conditions. In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.15,000/- with two solvent sureties each for the like sums to the satisfaction of the B. A. No.2844 of 2008 -2- Magistrate concerned. On such release, the petitioner shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town in which he is having his permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-