IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5857 of 2011() ----------------------------------------- CRIME NO.19/2011 OF HOSDURG EXCISE RANGE, KASARAGOD DISTRICT -------------------------------- PETITIONER/ACCUSED -------------------------------------- K.NARAYANAN, S/O.KANNAN, AGED 45 YEARS, RESIDING AT GOKULAM VEEDU, NALAKRA, PERIYA VILLAGE, HOSDURG, KASARAGOD. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. THE S.H.O., HOSDURG EXCISE RANGE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No. 5857 OF 2011 --------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.19 of 2011 of the Hosdurg Excise Range, Kasaragod District. 2.The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3.The prosecution case is that on 16.3.2011, the petitioner was found in possession of 52.56 litres of Indian made foreign liquor in 48 bottles of 375 ml. each and 192 bottles of 180 ml. each. The petitioner was arrested on 5.7.2011 and he was remanded to judicial custody. The learned counsel for the petitioner submitted that the marriage of the son of the petitioner is scheduled to be held on 11.8.2011 and that if the petitioner is detained further, his B.A.No. 5857 OF 2011 2 family would be put to great hardship. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 4. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. This submission 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 and the present stage of 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 `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-II, Hosdurg, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 B.A.No. 5857 OF 2011 3 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 cms