IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10825 of 2011 --------------------------------------- [CRIME NO.165/2011 OF KARUNAGAPPALLY EXCISE RANGE] ..................... PETITIONER/ACCUSED: ----------------------------------- SARASAN, S/O.SADANANDAN, AGED 41 YEARS, SAFALYAM (HOUSE) ,VARAVILA MURI, CLAPANA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SMT.G.VIDYA. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. N. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.10825 of 2011 ---------------------------------------------------- Dated this the 27th day of December, 2011 Order The petitioner was found in possession of 600 ml Madira Rock Rum in a one litre capacity bottle. He was also having a glass, which according to the prosecution was for sale of the liquor. He was arrested on 10.12.2011. The offence alleged against him is under Section 55(i) of the Kerala Abkari Act. 2. The learned counsel for the petitioner submits that since the quantity of the liquor is only 600 ml and that there would be possibility of getting a certificate that it is not illicit liquor, he may be granted bail. The learned Public Prosecutor opposed the bail application. It is stated that he is not involved in any other abkari offence so far. Considering all the aspects, the petitioner is granted bail with effect from 30.12.2011 on the following conditions: 1. The petitioner shall execute a bond of Rs.50,000/-(Rs.Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested B.A.10825/2011 2 photocopies, the original shall be returned to them. 2. The petitioner will appear before the Investigating Officer on all Tuesdays between 10 AM and 11 AM until further orders. 3. The petitioner/accused shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. 4. The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. 5. The petitioner shall appear before the Investigating Officer for interrogation as and when directed. 6. The petitioner shall not get involved in commission of any offence while on bail. 7. Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the court. N.K.BALAKRISHNAN, JUDGE. srd B.A.10825/2011 3 B.A.10825/2011 4