IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 8316 of 2011() --------------------------------------- CMP.8008/2011 of J.M.F.C.-I,HOSDRUG .................... PETITIONER/ACCUSED: --------------------------------- P.K. JIJI, S/O. PUTHUPARAMBIL KURIAKOSE, RESIDING AT KOLIYAR, THAYANNUR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE: ------------------------------- THE STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, HOSDURG EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/10/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG K.T.SANKARAN, J. --------------------------------- B.A. No.8316 OF 2011 --------------------------------- Dated this the 10th day of October, 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.76 of 2011 of Hosdurg Excise Range. 2.The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3.The prosecution case is that on 14.9.2011, the petitioner was found transporting 10 litres of wash. The petitioner was arrested on 14.9.2011 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 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 B.A. No.8316 OF 2011 2 executing bond for Rs.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-I, Hosdurg, 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 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