IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9359 of 2011() ----------------------------- CRIME NO.44/2011 OF PEERMADE EXCISE RANGE .................... PETITIONER/ACCUSED : --------------------------- PRADEEP @ PRABHU, S/O.MANI, AGED 31, NADUPURATTE 6TH MURI LAYATHIL THAMASAM, M.M.J.ESTATE VAGAMON VILLAGE, PEERMEDE TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.K.JOSEPH RESPONDENT(S): --------------- STATE OF KERALA, REPRENSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9359 of 2011 --------------------------- Dated this the 18th day of November, 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 Crime No.44 of 2011 of Peermade Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 21.9.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.75 litres of IMFL was seized from the possession of the petitioner. 4. The petitioner was arrested on 24.9.2011 and he was remanded to judicial custody. BA 9359/11 2 5. Bail Application filed by the petitioner was dismissed by the learned Sessions Judge, by the order dated 17th October, 2011 on the ground that the petitioner committed the crime in the present case while he was on bail granted by the High court in a case of similar nature. 6. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. 7. Taking into account the fact that the petitioner is in judicial custody since 24.9.2011 and also taking note of the aforesaid undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. 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-I, Peermade subject to the following conditions: BA 9359/11 3 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter 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