IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7538 of 2011() ----------------------------- CMP.5270/2011 of J.M.F.C. - VI, KOZHIKODE CR.NO.36 OF 2011 OF NILESHWAR EXCISE RANGE, KASARAGOD DT. .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- JOSHY P.JOHN,AGED 26 YEARS, S/O.PALLIKUNNEL JOHN,DAINABI QUARTERS, KOLAVAYAL DESOM,AJANUR VILLAGE, KOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE,NILESHWAR RANGE, KASARAGOD DISTRICT, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.ANo.7538 OF 2011 --------------------------------- Dated this the 30th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in CR. No.36 of 2011 of Nileshwar 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 12.8.2011, the accused persons were found transporting 3360 bottles of Indian made foreign liquor, each bottle containing 180 ml. The Indian made foreign liquor was intended for sale only in Pondicherry. The petitioner was arrested on 12.8.2011 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 B.ANo.7538 OF 2011 2 petitioner. 5.The petitioner shall be released on bail on his executing bond for Rs.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 A.M on all Mondays and Thursdays for two months and thereafter 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.ANo.7538 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