IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6226 of 2011() ----------------------------- CMP.6426/2011 of J.M.F.C.,NEDUMKANDOM (CRIME NO.39 OF 2011 OF UDUMBANCHOLA EXCISE RANGE) .................... PETITIONER/ACCUSED --------------------------- BIJU,S/O.PONNAPPAN,KANJIRAKKATTU HOUSE, PARATHODU KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA - 31. 2. EXCISE INSPECTOR, UDUMBANCHOLA RANGE OFFICE, IDUKKI DISTRICT. 685 554. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6226 OF 2011 --------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.39 of 2011 of Udumbanchola Excise Range, Idukki District. 2.The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3.The prosecution case is that on 13.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 21.45 litres of Indian made foreign liquor was found in the possession of the petitioner in the tea shop run by him. The petitioner was arrested on 13.7.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the B.A.No.6226 OF 2011 2 petitioner is involved in CRNo.78 of 2010 of the same Excise Range and he was released on bail in that case on 2.7.2011. The present crime was committed on 13.7.2011. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail, if bail is granted in the present case. This undertaking is recorded. 6. The learned counsel for the petitioner also submitted that the petitioner is prepared to abide by any condition that may be imposed by the court. 7.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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. 8.The petitioner shall be released on bail on his executing B.A.No.6226 OF 2011 3 bond for `25000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandom, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on Monday, Wednesday and Friday for a period of two months and thereafter on 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 cms