IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5560 of 2011() ----------------------------- CP.42/2011 of J.M.F.C.,KATTAKKADA (CRIME NO.24 OF 2009 OF KATTAKKADA EXCISE RANGE) .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- VIJAYA KUMAR @ KARNAN, S/O. RAMAKRISHNAN, SOORYA BHAVAN, MADATHUVATHUKKAL, ARYANADU, KOTTAKKAKOM MURI, ARYANADU VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5560 OF 2011 --------------------------------- Dated this the 18th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the 2nd accused in Crime No.24 of 2009 of the Kattakkada Excise Range.(It is submitted by the learned counsel for the petitioner that in the Bail Application, it was wrongly mentioned as Thiruvananthapuram Excise Range). 2. The offences alleged against the petitioner are under Sections 55(a) and 64-A of the Abkari Act. 3. The prosecution case is that on 20.5.2009, the accused persons were found in possession of 350 litres of spirit and 360 ml of coloured illicit liquor. The arrest of the petitioner was recorded on 16.5.2011. The learned Public Prosecutor submitted that after completing the investigation, the charge sheet was filed on 15.6.2011. B.A.No.5560 OF 2011 2 4. 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. 5. The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class,Kattakkada, subject to the following conditions: A) The petitioner shall appear before the Excise Inspector, Kattakkada between 9 A.M. and 11 A.M. on the alternate Mondays, until the trial of the case is over or until further orders. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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. cms