IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9950 of 2011() ----------------------------- CMP.7358/2011 of J.M.F.C.,VADAKARA C.R.NO.78 of 2011 OF VADAKARA EXCISE RANGE .................... PETITIONER : ACCUSED : ----------------------- AJEESH @ ASHARAF, S/O.HAMZA, AGED 26YEARS, PUTHUKKATTPARAMBIL HOUSE, PERINHALAM VILLAGE, CHALINGAT DESOM, KODUNGALLUR TALUK, THRISSUR. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS : COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. EXCISE INSPECTOR, VATAKARA EXCISE RANGE,PIN-673101. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9950 of 2011 ---------------------------------------------- Dated this the 09th 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.78 of 2011 of Vadakara 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 20/11/2011, the petitioner was found transporting 135 litres of Indian Made Foreign Liquor from Mahe to Kerala in a car. The Indian Made Foreign Liquor was intended for sale in Pondichery only. 4. The petitioner was arrested on 20/11/2011 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 only with effect from 20/12/2011. Bail Appln.No.9950/2011 : 2 : 6. The petitioner shall be released on bail with effect from 20/12/2011 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, Vadakara, 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