IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9285 of 2011() ----------------------------- CMP.9180/2011 of J.M.F.C.,KASARAGOD C.R.No.83/2011 OF KASARAGOD EXCISE RANGE .................... PETITIONER/ACCUSED : -------------------- SODA JAYAN @ JAYAN, AGED 42 YEARS, S/O.RAMA BHANTARI, BEERANTHUVAYAL DESOM, KASARAGODE VILLAGE, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- THE EXCISE RANGE OFFICER, KASARAGODE EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9285 of 2011 ---------------------------------------------- Dated this the 16th 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.83 of 2011 of Kasaragod Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 02/11/2011, the petitioner was found in possession of 2.5 litres of arrack near Government Vocational Higher Secondary School for Girls, Nellikunnu in Kasaragod Village. He was arrested on 02/11/2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in C.R.No.55 of 2011 of Kasaragod Excise Range, in which the allegation is that on 21/08/2011, the petitioner was found in possession of 6 litres of arrack. 5. 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 Bail Appln.No.9285/2011 : 2 : undertaking is recorded. 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 only with effect from 02/12/2011. 7. The petitioner shall be released on bail with effect from 02/12/2011 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, Kasaragod, 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 a period of one month and thereafter on 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.9285/2011 : 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