IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6945 of 2011 C.R.NO.5 OF 2011 OF UDUMBANCHOLA EXCISE RANGE,IDUKKI DISTRICT PETITIONER/ACCUSED : -------------------------------------- PALANICHAMY, AGED 45 YEARS, S/O.KADAKKARA, HOUSE NO.VI/255, CHINNAKKANAL PANCHAYATH, SHANMUGHAVILASAM KARA, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6945 OF 2011 ------------------------------------------------------ Dated this the 31st day of August, 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.5 of 2011 of Udumbanchola Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 13.1.2011, the petitioner was found in possession of, intended for sale, a quantity of 22.8 litres of Indian made foreign liquor in his grocery shop. The petitioner could not be arrested as he ran away. The petitioner was arrested in another abkari offence and his formal arrest was recorded in the present case on 8.8.2011. The petitioner is in judicial custody since 8.8.2011. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.6945 OF 2011 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 6.9.2011. 5. The petitioner shall be released on bail only on 6.9.2011 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, Nedumkandom, 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; 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/