IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 10410 of 2011() -------------------------- C.R.No.49/2011 OF NADAPURAM EXCISE RANGE PETITIONER : ACCUSED: -------------------- SUKUMARAN, AGED 61 YEARS S/O.SANKUNNI, MALAYIL HOUSE, ATHOLI PO, KOZHIKODE. BY ADV. SRI.B.PRAMOD RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, NADAPURAM EXCISE RANGE OFFICE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10410 of 2011 ---------------------------------------------- Dated this the 21st 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 C.R.No.49 of 2011 of Nadapuram Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 07/12/2011, the petitioner was found transporting 6 litres of Indian Made Foreign Liquor for the purpose of sale. It is alleged that the Indian Made Foreign Liquor was intended to be supplied only in Pondichery. 4. The petitioner was arrested on 07/12/2011 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.10410/2011 : 2 : 6. 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, Nadapuram, 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 skj