IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 6197 of 2011 CRIME NO.17 OF 2011 OF NOORANAD EXCISE RANGE, ALAPPUZHA. PETITIONER/ACCUSED NO.2 ------------------------------------------- YASODHARAN, AGED 44 YEARS, S/O.KARUTHAKUNJU, VISHNUBHAVANAM, THAMARAKULAM MEKKUM MURI, THAMARAKULAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD SMT.V.SREEJA RESPONDENT: STATE/COMPLAINANT -------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6197 OF 2011 ------------------------------------------------------ Dated this the 4th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.17 of 2011 of Nooranad Excise Range, Alappuzha District. 2. The offence alleged against the accused is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 8.3.2011, the accused persons were found in possession of 105 litres of arrack. The petitioner surrendered before Court on 13.6.2011 and he was remanded to judicial custody. 4. 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 B.A.NO.6197 OF 2011 :: 2 :: view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Mavelikkara, 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 and Thursdays for a period of two months and thereafter on the first Monday of every month, 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; 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 ahz/