IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9894 of 2011 C.R.NO.104 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA. PETITIONER/ACCUSED -------------------------------------- JANARDHANAN NAIR, S/O. SANKARAN NAIR, PUTHENPURAYIL, EVOOR VADAKKUM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE AT KARTHIKAPPALLY, ALAPPUZHA DISTRICT-682 030. PUBLIC PROSECUTOR SMT.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9894 OF 2011 ------------------------------------------------------ Dated this the 6th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.104 of 2011 of Karthikappally Excise Range, Alappuzha District. 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 14.11.2011, the petitioner was found in possession of 7.6 litres of coloured arrack. The petitioner was arrested on the same date and he is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in five other cases of similar nature. BAIL APPL. NO.9894 OF 2011 :: 2 :: 5. 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 on stringent conditions, however, only with effect from 15.12.2011. 6. The petitioner shall be released on bail only on 15.12.2011 on his executing bond for Rupees Twenty five thousand 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 and Thursdays for a period of two months and thereafter, 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 APPL. NO.9894 OF 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 ahz/