IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6346 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4682/2010 Dated 22/06/2011 CMP.5164/2011 of J.M.F.C.,KASARAGOD (CRIME NO.411 OF 2011 OF MANJESHWAR POLICE STATION, KASARAGOD DT.) .................... PETITIONER/ACCUSED -------------------------------------- ANIL RAJ, S/O. CHANDU, KAVITHA NILAYA, ANGADIPPADAVU, BANGRA MANJESHWAR, KASARAGOD. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, PIN-671 121. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6346 OF 2011 --------------------------------- Dated this the 11th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 1st accused in Crime No.411 of 2011 of Manjeshwar Police Station, Kasaragod District. 2.The offence alleged against the petitioner is under Section 55 (a) of the Abkari Act. 3.The prosecution case is that on 1.6.2011, 1362 bottles of Indian made foreign liquor, each bottle containing 180 ml. were found transported in two cars and an autorickshaw. When the vehicles were intercepted by the police, the accused persons ran away. The petitioner surrendered before the investigating officer on 4.7.2011 as per the direction in B.A.No.4682 of 2011. On production before the court, the petitioner was remanded to judicial B.A.No.6346 OF 2011 2 custody. 4. The Bail Application No.5948 of 2011 filed by the petitioner was dismissed by this Court by the order dated 27th July, 2011. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6.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. 7.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, Kasaragod, subject to the following conditions: B.A.No.6346 OF 2011 3 A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for two months and on alternate Mondays thereafter, 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