IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Bail Appl..No. 7785 of 2011() ----------------------------- CRMP.5549/2011 of J.M.F.C., ADOOR CRIME NO.118 OF 2011 OF ADOOR EXCISE RANGE, PATHANAMTHITTA DT. .................... PETITIONER/ ACCUSED --------------------------- BABU, S/O. CHAKKUTTY, VINOD BHAVANAM VEEDU, PAZHAKULAM PADINJARU MURI, ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ADOOR RANGE, ADOOR, PATHANAMTHITTA DISTRICT. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7785 OF 2011 --------------------------------- Dated this the 29th 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.118 of 2011 of Adoor Excise Range, Pathanamthitta District. 2.The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3.The prosecution case is that on 31.8.2011, the petitioner was found in possession of 10 litres of arrack. He was arrested on 31.8.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 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 offence and the present stage of B.A.No.7785 OF 2011 2 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 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, Adoor, 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 B.A.No.7785 OF 2011 3 be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms