IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7929 of 2011(A) ----------------------------- CRIME No. 38/2011 OF THALASSERY EXCISE RANGE. PETITIONER/ACCUSED -------------------------------------- M.P.ABOOBACKER, S/O.ABDULLA, AGED 39 YEARS, PEECHAN VEETTIL HOUSE, A.R.NAGAR AMSOM, THIROORANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH EXCISE INSPECTOR, THALASSERY EXCISE RANGE OFFICE, KANNUR DT. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7929 of 2011 ---------------------------------------- Dated this the 3rd day of October, 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. 38 of 2011 of the Thalassery Excise Range. 2. The offence alleged against the petitioner is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that on 20.9.2011 the petitioner was found in possession of 10.550 liters of Indian made foreign Liquor intended for sale. The Indian made Foreign Liquor was to be sold only in Pondichery. The petitioner was arrested on 20.9.2011 and he was remanded to judicial custody. 4. 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 only with effect from 10.10.2011. 5. The petitioner shall be released on bail with effect from 10.10.2011 on his executing bond for Rs. 25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like B.A.No.7929 of 2011 2 amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery, 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. The Bail Application is allowed as above. Sd/- K.T.SANKARAN, JUDGE rkc //True copy// PA to Judge