IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8852 of 2011() ----------------------------- C.R.NO.54 OF 2011 OF NEYYATTINKARA EXCISE RANGE .................... PETITIONER/FIRST ACCUSED ----------------------------------- ASOKAN, AGED 42 YEARS, S/O.CHAMIYAR, CHAMAVILA VEEDU, KANNAMKODE DESOM, VELLAR, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM. ORIGINALLY FROM CHAMIYAR MADAM, DONI, PALAKKAD. BY ADV. SRI.SYAM J SAM SRI.A.R.ARSHAD KHAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, AMARAVILA EXCISE RANGE OFFICE. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8852 of 2011 --------------------------- Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R.No.54 of 2011 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 18.10.2011, the Excise Officials found a quantity of 24.5 litres of Beer, 7.125 litres of wine and 5.125 litres of Indian made foreign liquor in the hotel which was run by accused No.2 in which accused No.1 was an employee. The petitioner was arrested on 18.10.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BA 8852/11 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 with effect from 17.11.2011. The petitioner shall be released on bail only on 17.11.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, 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; BA 8852/11 3 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 csl