IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6106 of 2010(E) ----------------------------------- (CMP.4102/2010 of J.M.F.C.,KATTAKADA CRIME NO. 3/2005 OF NEDUMANGADU EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) .................... PETITIONER(S)/ACCUSED ------------------------------ BAIJU, AGED 27 YEARS, S/O.APPAKANNU, NAZEEMA MANZIL, POOVACHAL DESOM, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU J PANICKER RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA, (PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE, NEDUMANGAD), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.6106 of 2010 * * * * * * * * * * * * * * * * * * DATED: 5th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the sole accused in Crime No.3/2005 of Nedumangadu Excise Range for offences punishable under Secs.55(a), 8(1), 8 (2), 65 and 67B of Abkari Act 1 of 1077 for having been found in possession of 30 liters of arrack, seeks his enlargement on bail. The petitioner surrendered on 20.9.2010. 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 22.10.2010 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 Magistrate concerned and subject to the following conditions: - Bail Application No.6106 of 2010 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. dmb