IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10575 of 2011() ------------------------------ CRIME NO.10/2006 OF ALAPPUZA EXCISE RANGE PETITIONER/ACCUSED : --------------------- SABU @ ALLAMA SABU, AGED 32 YEARS, S/O.RAVEENDRAN, VAZHITHALAKKAL ARAYDU THEKKU VILLAGE, AMALAPPUZHA TALUK ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KREALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10575 of 2011 ---------------------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.10 of 2006 of Alappuzha Excise Range. 2. The offence alleged against the accused is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 11/02/2006, a quantity of 10 litres of arrack and 10 litres of spirit were seized from the property of one Prabhakaran Nair. The other accused were also present there and on seeing the excise party the petitioner ran away. It is also alleged that 8 sword sticks and a knife were also recovered from the place. 4. The petitioner was arrested on 03/11/2011 and he was remanded to judicial custody. 5. The learned Public Prosecutor submitted that the petitioner is involved in 11 other cases. It is also submitted that after completing the investigation, charge sheet was filed in the present case. Bail Appln.No.10575/2011 : 2 : 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner with stringent conditions. 7. 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, Alappuzha, subject to the following conditions:- A) The petitioner shall report before the officer who laid the charge between 9 A.M. and 11 A.M. on all Mondays, until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 skj