IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9514 of 2011() ----------------------------- C.R.No.118/2011 OF NOORANADU EXCISE RANGE PETITIONER/ACCUSED : --------------------- PRADEEP KUMAR, AGED 39 YEARS, S/O.THANKAPPAN, VETTUKALAYIL VEEDU, PATOOR MURI, NOORANADU, MAVELIKKARA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT : COMPLAINANTS --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH EXCISE INSPECTOR, NOORNADU RANGE. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9514 of 2011 ---------------------------------------------- Dated this the 24th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.118 of 2011 of Nooranadu 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 06/11/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 1.3 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. 4. The petitioner was arrested on 06/11/2011 and he was remanded to judicial custody. 5. The learned Public Prosecutor submitted that the petitioner is involved in C.R.No.70 of 2007 of the same Excise Range. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any other offence of similar nature, while on bail in the present case. This submission is recorded. Bail Appln.No.9514/2011 : 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. 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-II, Mavelikkara, 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. Bail Appln.No.9514/2011 : 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 skj