IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Bail Appl..No. 1914 of 2011() ----------------------------- CRIME No.5/2011 OF PALA EXCISE RANGE -------------------- PETITIONER/ACCUSED :- ----------------------------------- BIJUMON, S/O. JOSEPH JOSEPH, PALLIPPATTU VEEDU, EDAPPADY KARA, BHARANANGANAM VILLAGE, MEENACHIL. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S)/STATE AND COMPLAINANT :- ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. EXCISE INSPECTOR, EXCISE RANGE, PALA. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1914 of 2011 ------------------------------------------------ Dated this the 15th day of March, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.5/2011 of Pala Excise Range for an offence punishable under Section 55 (i) of the Abkari Act for having been found in possession of 4.4 litres of I.M.F.L, seeks his enlargement on bail. Petitioner was arrested on 01.02.2011. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, 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 31.03.2011 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 Magistrate concerned and subject to the following conditions:- Bail Appln.No.1914/2011 -:2:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority . 3. The petitioner shall make himself available for interrogation as and when required by the investigating officer at any time till the filing of the final report. 4. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 5. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. 7. The petitioner shall notify to the Court his place of residence before executing the bail bond. 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. Dated this the 15th day of March, 2011. V.RAMKUMAR, JUDGE. dmb