IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6097 of 2011() ----------------------------- CRMP.3359/2011 of J.M.F.C., HARIPAD (CRIME NO.83 OF 2011 OF KAYAMKULAM EXCISE RANGE) .................... PETITIONER/ACCUSED -------------------------------------- VARGHESE,AGED 47 YEARS,S/O.LAWRENCE, MERY VILLA,MUTHUKULAM NORTH MURI,MUTHUKULAM VILLAGE,ALAPPUZHA DISTRICT. BY ADV. SRI.M.R.ARUN KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN F INALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6097 OF 2011 --------------------------------- Dated this the 1st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.83 of 2011 of the 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 19.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 550 ml of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 19.7.2011 and he was remanded to judicial custody. 4.Taking into account the facts and circumstances of B.A.No.6097 OF 2011 2 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. 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-I, 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. B.A.No.6097 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms