IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10230 of 2011() ------------------------------ CMP.7679/2011 of J.M.F.C.-II,HOSDRUG CR.NO.57 OF 2011 OF NILESHWAR EXCISE RANGE, KASARAGOD DT. .................... PETITIONER: -------------------- NANDANKUNHI SUKUMARAN, AGED 38 YEARS, S/O RAMAN, UMICHI, KRIYALAM DESAM, MADIKAI,VILLAGE , KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.10230 OF 2011 --------------------------------- Dated this the 14th day of December , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR.No.57 of 2011 of Nileshwar Excise Range, Kasaragod District. 2.The offence alleged against the petitioner is under Section 8(1) &(2) of the Abkari Act. 3.The prosecution case is that on 25.11.2011, the petitioner was found in possession of 5 litres of arrack. The petitioner was arrested on 25.11.2011, 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 B.A.No. 10230 OF 2011 2 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-II, 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 B.A.No. 10230 OF 2011 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms