IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 7296 of 2011(D) ----------------------------- CRIME No.62/2011 OF KOTTARAKARA EXCISE RANGE CMP.10697/2011 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER/ACCUSED ------------------------------------- BIJU, AGED 36 YEARS, S/O.MANIRAJAN, ANJALI BHAVAN, CHENNAKUZHY, MELILA MURI, MELILA VILLAGE, KOTTARAKKARA TALUK BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ENRAKULAM BY PUBLIC PROSECUTOR V.MANU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7296 OF 2011 --------------------------------- Dated this the 6th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in C.R.No.62 of 2011 of Kottarakara Excise Range, Kollam District. 2.The offence alleged against the petitioner is under Section 55 (i) of the Abkari Act. 3.The prosecution case is that on 25.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 300 ml. of Indian made foreign liquor and emptied bottles were seized from the possession of the petitioner. The petitioner was arrested on 25.8.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the B.A.No.7296 OF 2011 2 petitioner is involved in another case of similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature 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. 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-I,Kottarakara, 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.7296 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