IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10878 of 2011() ------------------------------ (C.R.NO.61/2011 OF THIRUVALLA EXCISE RANGE, PATHANAMTHITTA DIST.) --------- PETITIONER/ACCUSED ------------------------- MURALEEDHARAN NAIR, S/O.CHELLAPPAN PILLAI, KANATHATTU HOUSE, KOZHIMALA MURIYIL, ERAVIPEROOR, THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENTS/COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. EXCISE INSPECTOR, THIRUVALLA EXCISE RANGE, THIRUVALLA. BY SENIOR PUBLIC PROSECUTOR SRI.ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.10878 of 2011 ---------------------------------------------------- Dated this the 27th day of December, 2011 Order The petitioner is accused in C.R.No.61 of 2011 of Thiruvalla Excise Range. The offence alleged against him is under Section 55(i) of the Kerala Abkari Act. It was alleged that he was found in possession of 5.400 litres of IMFL. He was arrested on 14.11.2011. Since then he has been under judicial custody. 2. The learned counsel for the petitioner submits that the petitioner will abide by all the conditions that may be imposed by this court and that he will not indulge in such activities while on bail. The learned Public Prosecutor submits that investigation is almost over. Hence the petitioner is granted bail with effect from 28.12.2011 on the following conditions: 1. The petitioner shall execute a bond of Rs.1 lakh (Rs.One lakh only) with two solvent sureties for the like sum to the satisfaction of the court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. BA 10878/2011 2 2. The petitioner will appear before the Investigating Officer on all Tuesdays and Fridays between 10 AM and 11 AM until further orders. 3. The petitioner/accused shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. 4. The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. 5. The petitioner shall appear before the Investigating Officer for interrogation as and when directed. 6. The petitioner shall not get involved in commission of any offence while on bail. 7. Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the court. N.K.BALAKRISHNAN, JUDGE. srd BA 10878/2011 3 BA 10878/2011 4