IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8956 of 2011() ----------------------------- CMP.4562/2011 of J.M.F.C.-III,KOZHIKODE C.R.NO.90/2011 OF EXCISE RANGE, KOZHIKODE .................... PETITIONER : ACCUSED : ------------------------ DILEEP, S/O.NARAYANAN, AGED 31, NARAYAN NIVAS, MAHE AMSOM DESOM, PONDICHERRY, BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8956 of 2011 ---------------------------------------------- Dated this the 03rd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.90 of 2011 of Excise Range, Kozhikode. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 29/09/2011, the petitioner was found transporting a quantity of 155.5 litres of Indian Made Foreign Liquor. The petitioner was arrested on 29/09/2011 and he was remanded to judicial custody. The Indian Made Foreign Liquor was intended for sale in Pondichery only. 4. The learned Public Prosecutor submitted that the petitioner was involved in a crime registered in the year 2006. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any other offence of similar nature, while on bail in the present case. This submission is recorded. Bail Appln.No.8956/2011 : 2 : 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-III, Kozhikode, 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. Bail Appln.No.8956/2011 : 3 : 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 skj