IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5404 of 2011() ------------------------------------------ (CRIME NO.51/2010 OF KATTAKADA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) ...... PETITIONER/ACCUSED: --------------------------------------- LIBINKUMAR @ KILIYAN, S/O.THOMSLY, KATTAKADA PANCHAYATH, VII-344TH NUMBER KOLLAMKONAM, AMACHAL DESOM, KULATHUMMAL VILLAGE, NEYYATTINKARA. BY ADVS. SRI.NAGARAJ NARAYANAN, SRI. SAIJO HASSAN. RESPONDENT(S): STATE: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5404 OF 2011 --------------------------------- Dated this the 8th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.51 of 2010 of the Kattakada Excise Range. 2.The offence alleged against the petitioner is under Section 8(1)& (2) of the Abkari Act. 3.The prosecution case is that on 6.11.2010 the petitioner was found in possession of 2.5 litres of arrack. The petitioner was arrested in connection with some other case and the arrest was recorded in the present case on 25.5.2011. 4.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by B.A.No.5404 OF 2011 2 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. 5.The petitioner shall be released on bail on his executing bond for Rs.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, Kattakada, 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. B.A.No.5404 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms