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. 9326 of 2011() ----------------------------- CRIME NO.96/2011 OF MAVELIKARA EXCISE RANGE .................... PETITIONER/ACCUSED : -------------------------- GOPALAKRISHNAN, AGED 42 YEARS, S/O.KESAVAN, KYTHAVILAKIZHKKATHIL,OLAKETTIAMBALAM MURI, PERINGALA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERAL ERNAKULAM. 2. EXCISE INSPECTOR, MAVELIKKARA, ALAPPUZHA DISTRICT-01. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9326 of 2011 --------------------------- Dated this the 18th 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 sole accused in Crime No.96 of 2011 of Mavelikara Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 29.10.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 800 ml. of IMFL was seized from the possession of the petitioner. The petitioner was arrested on 29.10.2011. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. BA 9326/11 2 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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; BA 9326/11 3 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 csl