IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10520 of 2011() ------------------------------ CMP.10464/2011 of J.M.F.C.-I,HOSDRUG CR NO.55 OF 2011 OF HOSDURG EXCISE RANGE, KASARAGOD DT. .................... PETITIONER/2ND ACCUSED ------------------------------------------ RAGESH,AGED 32 YEARS,S/O.RAGHAVAN, KUVAYILADUKAM HOUSE,THAYANNUR VILLAGE AND POST, HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE -------------------- THE STATE OF KERALA THROUGH THE EXCISE RANGE OFFICER,HOSDURG EXCISE RANGE,KASARAGOD DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10520 OF 2011 --------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in C.R No.55 of 2011 of Hosdurg Excise Range, Kasaragod District. 2.The offence alleged against the petitioner is under Section 8(1) &(2) of the Abkari Act. 3.The prosecution case is that on 26.7.2011, the petitioner was found in possession of 5 litres of arrack. He could not be arrested as he ran away . The petitioner was arrested on 10.12.2011 and he was remanded to judicial custody. 4.Taking into account the facts and circumstances of B.A.No. 10520 OF 2011 2 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 with effect from 29.12.2011. 5.The petitioner shall be released on bail only on 29.12.2011 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-I, Hosdurg, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No. 10520 OF 2011 3 F) 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