IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3549 of 2011 ----------------------------- CRIME NO. 25/2011 OF CHATHANNOOR EXCISE RANGE, KOLLAM DISTRICT. ............ PETITIONER/ACCUSED: --------------------------- CHACKO @ JOY, S/O.PAPPAN, AGED 51 YEARS, PUTHENPURAIKKAL VEETTIL, PAZHANGALAM MURI, NALLILA, NEDUMPANA VILLAGE, KOLLAM DISTRICT, PIN-691515. BY ADV. SRI.THOMAS M.JACOB SRI.AKHIL K.MADHAV RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3549 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of May,2011 O R D E R Petitioner is the accused in Crime No.25/2011 of Chathannoor Excise Range, Kollam District. It was registered under Sections 55(i) and 58 of the Abkari Act. Petitioner was arrested on 21.04.2011. His bail application was dismissed by the trial Court. 2. The material allegation is that on 21.04.2011 at 12.30 p.m. the accused was found engaged in the sale of 900 m.l 'coloured liquor' from the sit-out of his house at Pazhangalam in Nedumpana Village, in contravention of the provisions of the Abkari Act and Rules. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 21.04.2011 he has been in judicial custody. Considering the period of detention already undergone by the B.A. No. 3549 of 2011 -:2:- accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the accused is granted bail, with effect from 23.05.2011, subject to the following conditions: i. The accused shall execute a bond for `75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum to the satisfaction of I Additional Sessions Judge, Kollam. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above B.A. No. 3549 of 2011 -:3:- and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the I Additional Sessions Judge's Court, Kollam without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE ttb