IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5954 of 2011() ----------------------------- AGAINST THE ORDER DATED 14/07/2011 IN CMP.1859/2011 of J.M.F.C.-II, HARIPAD CRIME No.80 OF 2011 OF KAYANKULAM EXCISE RANGE .................... PETITIONER/ACCUSED :- --------------------------------------- BIJU, S/O.THANKAN, AGED 31, POOVADYTHARAYIL, MALAMELBHAGAM MURI, KEERIKKADU VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.K.R.SUNIL RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- THE EXCISE INSPECTOR KAYANKULAM EXCISE RANGE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 688 530. PUBLIC PROSECUTOR MR.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A.No.5954 OF 2011 --------------------------------- Dated this the 27th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.80 of 2011 of the Kayamkulam Excise Range. 2.The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3.The prosecution case is that on 14.7.2011, the petitioner was engaged in the sale of Indian made foreign liquor. A quantity of 700 ml of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on the spot and on production before the court, he was remanded to judicial custody. 4.Taking into account the facts and circumstances of B.A.No.5954 OF 2011 2 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 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, Haripad, 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. B.A.No.5954 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms