IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 9191 of 2011() ----------------------------- CRIME NO. 27/2011 of THAMARASSERY EXCISE RANGE .................... (S): PETITIONER/ACCUSED: --------------------------------------- KALAPURAKKAL BABY, S/O.PAPPACHAN @ KURIAN, NELLIPOYIL AMSOM DESOM, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ------------------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, THAMARASSERY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBBLIC PROSECUTOR MRS. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO. 9191 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th 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 the accused in Crime No. 27 of 2011 of Thamarassery Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 28-07-2011, the petitioner was found transporting 41 bottles of Indian Made Foreign Liquor, each bottle containing 500ml. The petitioner could not be arrested as he ran away. The petitoner surrendered before the Court on 02-11-2011. The petitioner is in judicial custody since then. 4. 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. B.A.No.9191/2011 :- 2 :- 5. The petitioner shall be released on bail on his executing bond for Rs.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-II, Thamarassery, 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. ds