IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10092 of 2011() ------------------------------ CR No.57 of 2011 of Sreekandapuram Excise Range, Kannur District. PETITIONER/ACCUSED -------------------------------------- M.C.BENNY,S/O.CHACKO,AGED 39 YEARS, MAILUMTHARA,KARIKKOTTAKKARI,ANGADIKKADAVU PO, AYYANKUNNU AMSOM,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT -------------------------- STATE,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,THROUGH THE EXCISE INSPECTOR SREEKANDAPURAM EXCISE RANGE OFFICE, KANNUR DISTRICT. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.10092 OF 2011 --------------------------------- Dated this the 12th day of December , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR No.57 of 2011 of Sreekandapuram Excise Range, Kannur 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 28.11.2011, the petitioner was found in possession of 2 litres of arrack. The petitioner was arrested on 28.11.2011 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 B.A.No.10092 OF 2011 2 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. 5.The petitioner shall be released on bail 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, Taliparamba, 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.10092 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