IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5848 of 2011 CR.NO.48 OF 2011 OF TIRUR EXCISE RANGE, MALAPPURAM. PETITIONER/ACCUSED. --------------------------------------- DASAN, S/O.NARAYANAN, PANAGATTOOR KARAYIL PALLIYEMBIL HOUSE, TANUR-TIRUR. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAM KUMAR RESPONDENT: COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5848 OF 2011 C ------------------------------------------------------ Dated this the 5th day of August, 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.48 of 2011 of Tirur Excise Range, Malappuram District. 2. The offence alleged against the petitioner is under Sections 55(i) and 67B of the Abkari Act. 3. The prosecution case is that on 1.7.2011, the petitioner was found in possession of 42 bottles of Indian made foreign liquor, each bottle containing 375 ml. It is also alleged that 49 bottles of Indian made foreign liquor, each bottle containing 375 ml. were seized from the house of the petitioner. The petitioner was arrested on 1.7.2011 itself 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 B.A.NO.5848 OF 2011 :: 2 :: 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Tirur, 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) 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/