IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6646 of 2011 CMP.2043/2011 OF J.M.F.C.-II,TRIVANDRUM C.R.NO.43 OF 2011 OF KAZHAKUTTOM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT. PETITIONER/ACCUSED -------------------------------------- KRISHNAN, S/O. DAMODHARAN, KOLLUMURI VEEDU, ARASUMMOODU DESOM, ATIPRA VILLAGE, NOW RESIDING AT PLAVARATHALA VEEDU, ARASUMMOODU, ATTIPRA VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE, KAZHAKUTTOM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6646 OF 2011 E ------------------------------------------------------ Dated this the 2nd day of September, 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.43 of 2011 of Kazhakuttom Excise Range, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 6.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 7.2 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 6.8.2011 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner was involved in four other abkari offences before the year 2007. 5. The learned counsel for the petitioner submitted that in two BAIL APPL. NO.6646 OF 2011 :: 2 :: cases the petitioner was acquitted and one case is pending. The counsel for the petitioner also submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. This undertaking is recorded. 6. 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. 7. 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, Thiruvananthapuram, 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; BAIL APPL. NO.6646 OF 2011 :: 3 :: 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/