IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 7465 of 2011 CRIME NO.105 OF 2011 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.1: -------------------------------------- SUMESH @ SUKU, S/O. SUNDARESAN, ROADARIKATHU VEEDU, KALLUPALAM, KOTTAKKAKOM MURI, ARYANADU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTE BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7465 OF 2011 ------------------------------------------------------ Dated this the 4th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.105 of 2011 of Aryanad Excise Range, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 8(1) (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 26.8.2011, the petitioner was found in possession of five litres of arrack and 450 litres of Wash. The petitioner was arrested on 26.8.2011 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, BAIL APPL. NO.7465 OF 2011 :: 2 :: 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 Rupees Twenty five thousand 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; 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/