IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5936 of 2011() ----------------------------- AGAINST THE ORDER DATED 15/07/2011 IN ORDER IN CMP.1774/2011 of J.M.F.C.,PEERUMEDU CRIME NO.33/2011 OF THE PEERMADE EXCISE RANGE, IDUKKI DISTRICT .................... PETITIONER/ACCUSED: -------------------------------------- SOUNDARARAJAN, S/O.MARIYAPPAN, KODUVAKARANAM ESTATE, 2ND DIVISION, PEERMADE PANCHAYATH WARD NO.III, 330 NUMBER ESTATE LAYAM ROOM, KODUVAKARANAM KARA, ELAPPARA VILLAGE, PEERMADE TALUK. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE EXCISE INSPECTOR, PEERMADE EXCISE RANGE OFFICE, PEERMADE, IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ........................................... B.A.NO.5936 OF 2011 ............................................. Dated this the 2nd day of August, 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. 33 of 2011 of the Peermade Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 14.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 2.45 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 14.7.2011 and he was remanded to the judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in CR.No.44/2010 of the same excise range. The learned counsel for the the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This B.A.NO.5936 OF 2011 : 2 : undertaking is recorded. 5. 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. 6. 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-I Peermade 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. B.A.NO.5936 OF 2011 : 3 : 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. cl