IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7834 of 2011() ----------------------------- CRMP.2752/2011 of DISTRICT COURT, PALAKKAD CRIME NO.49 OF 2011 OF EXCISE RANGE, OTTAPALAM .................... PETITIONER/ACCUSED -------------------------------------- KUMARAN, AGED 51 YEARS, S/O.SANKARAN, KALAKKATTIL HOUSE, PANAMANNA, ANANGANADI VILLAGE, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, OTTAPALAM EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.ANo.7834 OF 2011 --------------------------------- Dated this the 30th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.49 of 2011 of Excise Range, Ottapalam, Palakkad District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3.The prosecution case is that on 26.8.2011, the petitioner was found in possession of 12 litres of wash. The petitioner was arrested on 26.8.2011 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 view that bail can be granted to the petitioner. B.ANo.7834 OF 2011 2 5.The petitioner shall be released on bail on his executing bond for Rs.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, Ottapalam, 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. 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. B.ANo.7834 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms