IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9917 of 2011() ----------------------------- CMP.3891/2011 of J.M.F.C. - II, MAVELIKKARA CR NO.120/2011 OF NOORANADU EXCISE RANGE, ALAPPUZHA DISTRICT .................... PETITIONER/IST ACCUSED ------------------------------------------ SUNIL,AGED 28 YEARS,S/O.SREEDHARAN, THENNALA AYYATHU CHATHIYARA MURI,THAMARAKULAM VILLAGE,MAVELIKKARA. BY ADV. SRI.R.PADMAKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9917 of 2011 ---------------------------------------------- Dated this the 06th 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 C.R.No.120 of 2011 of Nooranadu Excise Range, Alappuzha District. 2. The offences alleged against the accused are under Sections 55(a) and 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 10/11/2011 at 5 A.M., the petitioners were found distilling arrack. A quantity of 70 litres of wash and 20.5 litres of arrack and the utensils and implements for distilling arrack were seized from the possession of the petitioner. 4. The petitioner was arrested on 10/11/2011 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 only with effect from 20/12/2011. Bail Appln.No.9917/2011 : 2 : 6. The petitioner shall be released on bail with effect from 20/12/2011 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-II, Mavelikkara, 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