IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Bail Appl..No. 7922 of 2010() ---------------------------------------- SC.145/2010 of ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- NAGENDRAN,PONNALAYAM HOUSE, THAIKKATTUKARA, MUTTOM, ALUVA,NOW RESIDING AT C/O.SURESH,SUNITHA NIVAS,THOTTUMUGHAM, SOUTH VAZHAKKULAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. EXCISE INSPECTOR,THIRUVALLA EXCISE RANGE THIRUVALLA. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.7922 of 2010 ------------------------------------------------------ Dated this the 09th day of December, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.30 of 2008 of Excise Range, Thiruvalla for an offence punishable under Section 55(a) of the Abkari Act for having been found in possession of 7000 litres of spirit, seeks his enlargement on bail. The petitioner was arrested on 10/04/2008. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. This is a case in which the petitioner was released on bail during the crime stage and thereafter the petitioner's presence could not be secured when summons was issued to him since he was in custody in connection with a cheating case. He has thereafter being sent back to custody on production warrant. His application for bail filed as C.M.P.No.1316 of 2010 by the Additional Sessions Court (Adhoc-I) Pathanamthitta was dismissed on 29/9/2010 for the reason that he has been given different addresses. Bail Appln.No.7922/2010 : 2 : 4. In as much as the petitioner has not jumped bail in this case, I see no reason why the petitioner should not be released on bail. 5. Accordingly, the petitioner is directed to be released on bail on his executing a bond for `5,00,000/- (Rupees five lakhs only) with two solvent sureties each for the like amount to the satisfaction of the trial court and subject to the following conditions:- 1. The petitioner shall, before executing the bond furnish his correct address where he could be found. 2. The petitioner shall appear before the trial court on all the dates of posting of S.C.No.145 of 2010. 3. The petitioner shall not commit any offence while on bail. 4. The petitioner shall report before the Chief Ministerial Officer of the trial court between 10 a.m. and 12 noon on all Wednesdays. In case the petitioner commits breach of any of the above conditions his bail shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj