IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9582 of 2011() ----------------------------- CRMP.6589/2011 of J.M.F.C., KAYAMKULAM Crime No.130 of 2011 of Kayamkulam Excise Range, Alappuzha District. .................... PETITIONER: -------------------- GANGADHARAN NAIR,S/O.GOPALAN NAIR, KOCHUPURACKAL VEEDU, KANNAMPALLI BHAGAM MURI, KEERIKAD VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT(S): --------------- STATE OF KERALA REP.BY EXCISE INSPECTOR,KAYAMKULAM, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9582 OF 2011 --------------------------------- Dated this the 22nd 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 Crime No.130 of 2011 of Kayamkulam Excise Range, Alappuzha District. 2.The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3.The prosecution case is that on 11.11.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.4 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 11.11.2011 and he was remanded to judicial custody. B.A.No. 9582 OF 2011 2 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5.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, 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; 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) The petitioner shall cooperate with the B.A.No. 9582 OF 2011 3 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