IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5456 of 2010() ----------------------------- CMP.3542/2010 of J.M.F.C.,KATTAKADA CRIME NO.383/2010 OF MARANALLOOR POLICE STATION .................... PETITIONER/2 & 3 ACCUSED -------------------------------------------- 1. VINOD, S/O. VIKRAMAN, PUTHENVEEDU, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM. 2. MANOJ, S/O. DENNISON JARAVILA, PUTHENVEEDU MANNADIKKONAM, MARANALLOOR DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): / COUNTER PETITIONER - STATE --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~~~~~~~~~~~~~~ Bail Application No. 5456 of 2010 ~~~~~~~~~~~~~~~~~~~~ DATED: 17th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.2 and 3 in Crime No.383/2010 of Maranalloor Police Station for an offence punishable under Sec.8 (1) 8(2) of the Abkari Act for having been found in possession of 10 liters of arrack, seek their enlargement on bail. Petitioners were arrested on 8.8.2010. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the 2nd accused ie; 1st petitioner is involved in another abkari case. If so, I am not satisfied that both the grounds enumerated under Section 41 (A) 1 (b)(ii) of the Abkari Act are present in this case so as to release the 1st petitioner on bail, since he is involved in another case. In the case of the 2nd petitioner, I am inclined to grant him bail with effect from a future date. 3. Having regard to the nature of the offences, the duration of judicial custody of the 2nd petitioner and the other circumstances of the case etc., I am inclined to grant bail to the Bail Application No. 5456 of 2010 2 2nd petitioner. Accordingly, the 2nd petitioner is directed to be released on bail with effect from 20.9.2010 on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Court, Kattakada and subject to the following conditions: 1. The 2nd Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd Petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The 2nd Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 2nd Petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is partly allowed as above. V.RAMKUMAR, JUDGE. dmb