IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6497 of 2011() ----------------------------- CRMP.4643/2011 of J.M.F.C.,CHITTUR (CRIME NO.24 OF 2011 OF KOLLENGODE EXECISE RANGE, PALAKKAD DT.) .................... PETITIONER/ACCUSED: -------------------- MUHAMMED RAFEEQUE , S/O.CHATHUMUHAMMED, VAIDYASALAMANNAM, VADAVANNOOR, CHITTUR TALUK,PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6497 OF 2011 --------------------------------- Dated this the 11th day of August, 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.24 of 2011 of Kollengode Excise Range, Palakkad District. 2.The offences alleged against the petitioner are under Sections 55(i) and 63 of the Abkari Act. 3.The prosecution case is that on 22.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4.5 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 22.7.2011 and he was remanded to judicial custody. 4.Taking into account the facts and circumstances of B.A.No.6497 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, Chittur, 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 and Thursdays for two months and thereafter on every Monday, 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 B.A.No.6497 OF 2011 3 be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms