IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7765 of 2011() ----------------------------- CMP.8962/2011 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/ACCUSED -------------------------------------- JAYAKUMAR @ PAZHAM JAYAN, S/O.SADANANDAN, KANNAN NIVAS, MANJADI NINNAVILA, BOUNDARMUKKU, KOTTAKKAKOM MURI, ARYANADU VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT/COMPLAINANT ------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG K.T.SANKARAN, J. --------------------------------- B.A. No.7765 OF 2011 --------------------------------- Dated this the 10th 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.106 of 2011 of Aryanad Excise Range. 2.The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3.The prosecution case is that on 11.9.2011, the petitioner was found in possession of 3 litres of arrack. The petitioner was arrested on 11.9.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another abkari offence. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any similar offence while on bail in the present case. 5.Taking into account the facts and circumstances of the B.A. No.7765 OF 2011 2 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 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-I, Nedumangad, 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. B.A. No.7765 OF 2011 3 E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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