IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9353 of 2011() ----------------------------- CMP.5383/2011 of J.M.F.C., HARIPAD CRIME NO.98/2011 OF KARTHIKAPALLY EXCISE RANGE .................... PETITIONER/ACCUSED NO.1 ------------------------- KRISHNAN KUTTY, AGED 60 YEARS, S/O.NEELAKANTAN, CHAKKITTACHIRAYIL VEETTIL, ARATTUPUZHA KIZHAKKEKKARA THEKKU MURI, ARATTUPUZHA VILLAGE, KARTHIKAPALLY TALUK. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE, KARTHIKAPALLY. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9353 of 2011 ---------------------------------------------- Dated this the 18th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.98 of 2011 of Karthikapally Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 01/11/2011, the petitioner was found in possession of 4 litres of arrack and 105 litres of wash and utensils and implements for distilling arrack. The petitioner was arrested on 01/11/2011 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 25/11/2011. 5. The petitioner shall be released on bail with effect from 25/11/2011 on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the Bail Appln.No.9353/2011 : 2 : like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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. K.T.SANKARAN, JUDGE skj