IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5237 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4525/2011 DATED 15/06/2011 C.R.NO.118/2011 OF SASTHAMCOTTA EXCISE RANGE .................... PETITIONER/ACCUSED : --------------------------------- JOHN, S/O.ABRAHAM, BINSY BHAVANAM (FROM KALLUVILA), ERAVICHIRA NADUVIL MURI, SOORANAD SOUTH VILLAGE, KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): COMPLAINANT ----------------------------------------------- THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5237 of 2011 --------------------------- Dated this the 6th day of July, 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 sole accused in C.R.No.118 of 2011 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 24.5.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of one litre of Indian made foreign liquor was seized from his possession. He was arrested on 24.5.2011 and he was produced before the court on 25.5.2011. The petitioner is in judicial custody since then. 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 B.A.No.5237/2011 2 investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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 csl