IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10657 of 2011() ------------------------------ CRIME NO.141/2011 OF KAYAMKULAM EXCISE RANGE PETITIONER/IST ACCUSED : ------------------------ SUNILKUMAR, S/O.PAPPU, VALLANTHARA CHIRAYIL, CHIRAKADAVU MURI, PUTHUPPALLY VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DIST. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, KAYAMKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10657 of 2011 ---------------------------------------------- Dated this the 23rd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.141 of 2011 of Kayamkulam Excise Range. 2. The offences alleged against the accused are under Sections 8(1) & (2) and 58 of the Abkari Act. 3. The prosecution case is that on 07/12/2011, the accused were found in possession of 3.75 litres of arrack. 4. The petitioner was arrested on 07/12/2011 and he was remanded to judicial custody. 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 offences 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 Bail Appln.No.10657/2011 : 2 : satisfaction of the Judicial Magistrate of the First Class-II, Haripad, 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) 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 skj