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. 10336 of 2011() ------------------------------ CMP.17515/2011 of J.M.F.C.-I,KOTTARAKKARA C.R.No.122 of 2008 of Ezhukone Excise Range, Kollam District. .................... PETITIONER/ACCUSED -------------------------------------- BIJU, S/O.RAJENDRAN, BIJU MANDIRAM, KARUVELIL MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.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. --------------------------------- B.A.No. 10336 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.122 of 2008 of Ezhukone Excise Range, Kollam 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 5.11.2008, the accused was found in possession of 10 litres of arrack at his residence. He could not be arrested as he ran away. The petitioner was arrested on 24.11.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the B.A.No. 10336 OF 2011 2 petitioner is involved in another crime of similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any similar offence while on bail in the present case. This undertaking is recorded. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 27.12.2011. 6.The petitioner shall be released on bail only on 27.12.2011 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-I, Kottarakkara, 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; B.A.No. 10336 OF 2011 3 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. 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