IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8649 of 2011() ----------------------------- CMP.4963/2011 of J.M.F.C., HARIPAD CRIME NO.85 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DT. .................... PETITIONER/ACCUSED: --------------------------------------- DASAPUTHRAN, S/O.RAMAN, DIVYALAYAM VEETTIL, ARATTUPUZHA VILLAGE, KANDALLUR THEKKU MURI. BY ADV. SRI.K.HARILAL RESPONDENT(S): COMPLAINANTS: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8649 OF 2011 --------------------------------- Dated this the 25th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.85 of 2011 of Karthikappally Excise Range, Alappuzha District. 2.The offence alleged against the petitioner is under Section 58 of the Abkari Act. 3.The prosecution case is that on 5.10.2011, the petitioner was found in possession of 2 litres of illicit liquor. He was arrested on 5.10.2011. 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 B.A.No.8649 OF 2011 2 investigation, I am of the view that bail can be granted to the petitioner. 5.The petitioner shall be released on bail on his executing bond for `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-I, 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, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.8649 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE. cms