IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8653 of 2011() ------------------------- C.R.NO.54/2011 OF PATHANAMTHITTA EXCISE RANGE. PETITIONER/ACCUSED : -------------------- RAJU.K.S,BLOCK NO.74,EXHIKKADU HARIJAN COLONY,KURICHIMUTTOM MURI,KIDANGANOOR VILLAGE, KOZHENCHERRY TALUK,PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8653 of 2011 ---------------------------------------------- Dated this the 31st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.54 of 2011 of Pathanamthitta Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 09/08/2011, the petitioner was found in possession of 10 litres of spirit. The petitioner was arrested on 07/10/2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature and Bail Application No.8674 of 2011 filed by the petitioner is also pending. On 24/10/2011, the following order was passed:- “It is submitted by the learned counsel for the petitioner that the petitioner is undergoing treatment in a mental hospital at Peroorkada. The learned Public Prosecutor will get instructions.” Bail Appln.No.8653/2011 : 2 : 5. The learned Public Prosecutor has not received any instructions in the matter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pathanamthitta, subject to the following conditions:- A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.8653/2011 : 3 : D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge