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. 9897 of 2011 C.R.NO.73 OF 2011 OF VAMANAPURAM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT. PETITIONER/ACCUSED -------------------------------------- ALIYARUKUNJU,S/O.ABDUL HAMEED, THADATHARIKATHU VEEDU,SASTHAMNADA DESOM, ANADU MURI, PERINGAMALA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 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. ------------------------------------------------------ B.A. NO. 9897 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.73 of 2011 of Vamanapuram Excise Range, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 55(a) (i) of the Abkari Act. 3. The prosecution case is that on 9.11.2011, the petitioner was found in possession of 1.85 litres of Indian made foreign liquor, intended for sale. The petitioner was arrested on 9.11.2011 itself and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. B.A.NO.9897 OF 2011 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence of similar nature while on bail. This 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail 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 I, Nedumangad, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; B.A.NO.9897 OF 2011 :: 3 :: 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/