IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6884 of 2011() ----------------------------- CRIME NO.35/2011 OF BADIADKA EXCISE RANGE .................... PETITIONER/ACCUSED ---------------------------- V.SASIKUMAR, S/O. LATE BATTYPPA RAI, AGED 37 YEARS, VIDYAGIRI DESOM, BADIADKA VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, BADIADKA, KASARAGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6884 of 2011 --------------------------- Dated this the 29th 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 accused No.1 in Crime No.35 of 2011 of Badiadka Excise Range, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 11.7.2011, the petitioner was found to have stored 150 litres of spirit in a shed near his house. He was arrested on 11.7.2011. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in another abkari offence. 5. Taking into account the facts and circumstances of BA 6884/2011 2 the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, it is not proper to grant bail as on today. However, I am of the view that bail can be granted to the petitioner with effect from 14.9.2011. Accordingly, bail is granted to the petitioner with effect from 14.9.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, 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; BA 6884/2011 3 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 csl