IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Bail Appl..No. 9178 of 2011() ----------------------------- CMP.3863/2011 of J.M.F.C., SASTHAMCOTTA C.R.No.211 of 2011 of Sasthamcotta Excise Range. .................... PETITIONER/ACCUSED: --------------------------------------- OMANAKUTTAN PILLAI, AGED 46 YEARS, S/O.CHELLAPPAN PILLAI, KAIMA VEETTIL, ERAVICHIRA PADINJARU MURI, SOORANADU SOUTH VILLAGE. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9178 OF 2011 --------------------------------- Dated this the 19th day of November, 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.211 of 2011 of Sasthamcotta Excise Range. 2.The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3.The prosecution case is that the petitioner was found engaged in the sale of Indian made foreign liquor and a quantity of 750 ml. of Indian made foreign liquor was seized from his possession. He was arrested on 1.11.2011 and he was remanded to judicial custody. 4. As per the order dated 4th November,2011, the petitioner was granted interim bail, since his mother died on B.A.No.9178 OF 2011 2 2.11.2011. The petitioner was directed to report before the Superintendent of the Sub Jail, Kollam on or before 15th November, 2011. It is submitted that the petitioner complied with the direction. 5.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. 6.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, Sasthamcotta, 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; B.A.No.9178 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms