IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6810 of 2011 CMP.7271/2011 OF J.M.F.C., NEDUMKANDOM C.R.NO.44 OF 2011 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT PETITIONER/ACCUSED -------------------------------------- PALANICHAMY,AGED 45 YEARS, S/O.KADAKKARA , HOUSE NO.VI/255, CHINNAKKANAL PANCHAYATH, SHANMUGHAVILASAM KARA,CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,REPRESENTING THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6810 OF 2011 ------------------------------------------------------ Dated this the 26th day of August, 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 accused in C.R.No.44 of 2011 of Udumbanchola Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 8.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 750 ml. of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 8.8.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature committed in the year 2011. The learned counsel for the petitioner submitted that the BAIL APPL. NO.6810 OF 2011 :: 2 :: petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 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, 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandom, 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; BAIL APPL. NO.6810 OF 2011 :: 3 :: 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 ahz/