IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6256 of 2011 CR.NO.86 OF 2011 OF KAYAMKULAM EXCISE RANGE, ALAPPUZHA PETITIONER/ACCUSED -------------------------------------- MOHANAN,S/O.KOCHUNANU, VAZHACHERIL PADEETTATHIL, KEERIKAD VILLAGE,KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.VINCENT JOSEPH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6256 OF 2011 B ------------------------------------------------------ Dated this the 5th 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.86 of 2011 of Kayamkulam Excise Range, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 24.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 600 ml. of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on 24.7.2011 itself and he was remanded to judicial custody. 4. 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. B.A.NO.6256 OF 2011 :: 2 :: 5. 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 II, Haripad, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 ahz/