IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8923 of 2011 CR. NO.66 OF 2011 OF CHANGANNUR EXCISE RANGE, ALAPPUZHA. PETITIONER: ACCUSED -------------------- SURESH, AGED 43 YEARS S/O.BHASKARAN, NALAMVELI VEEDU, NEDUVARAMKODE MURI, ALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT; --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 8923 OF 2011 ------------------------------------------------------ Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R. No.66 of 2011 of Chengannur Excise Range, Alappuzha District. 2. The offence alleged against the petitioner is under Sections 55(i), 13 and 63 of the Abkari Act. 3. The prosecution case is that on 10.10.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 6 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 10.10.2011 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the B.A.NO.8923 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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 ahz/