IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5996 of 2011() ----------------------------- CR NO.62/2011 OF CHENGANNUR EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- BABU VARGHESE, S/O.UNNUNNI, KOIPPURATHUTHARAYIL VEEDU, ERAMATHUR MURI, THRIPERUMTHURA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The Words “Chengannur Excise Range” shown in the cause title of final order dated 28.7.2011 in B.A.5996/2011 is corrected and substituted as “Mavelikkara Excise Range” as per the order dated 3.8.2011 in CR.M.A.4953/2011 in BA 5996/2011. Sd/- Assistant Registrar K.T.SANKARAN, J. --------------------------- B.A.No.5996 of 2011 --------------------------- Dated this the 28th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in CR No.62 of 2011 of Chengannur Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 9.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 5.8 litres of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on the spot. On production before court, he was remanded to judicial custody. 4. 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 investigation, I am of the view that bail can be granted to the BA 5996/2011 2 petitioner. The petitioner shall be released on bail 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, Chengannur, 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 csl The words “Chengannur Excise Range” occurring in the third line of the first paragraph of the final order dated 28.7.2011 in B.A.5996/2011 are corrected and substituted as “Mavelikkara Excise Range” as per order dated 3.8.2011 in Crl.M.A.4953/2011 in B.A.5996/2011. Sd/- Registrar (Judicial)