IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6368 of 2011() ----------------------------- CRIME NO.87 OF 2011 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- PRASANTHAN, S/O.KARUNAKARAN THIRUVATHIRA,(NALUKANDATHIL THEKKETHIL), THAZHAVA THEKKUM MURI, THAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6368 OF 2011 --------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.87 of 2011 of Karunagappally Excise Range. 2.The offence alleged against the petitioner is under Section 55 (a) & (i) of the Abkari Act. 3.The prosecution case is that on 26.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 7.5 litres of Indian made foreign liquor was seized from his possession in his ration shop. The petitioner was arrested on 26.7.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the B.A.No.6368 OF 2011 2 petitioner is involved in CR.220 of 2009 of the same Excise Range. 5.The learned counsel for the petitioner submitted that the petitioner undertakes that he will not be commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 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, the present stage of investigation and the undertaking made by the petitioner, 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, Karunagappally, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 B.A.No.6368 OF 2011 3 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) 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