IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9817 of 2011 C.R.NO.385 OF 2011 OF KAYAMKULAM EXCISE RANGE, ALAPPUZHA. PETITIONER/ACCUSED -------------------------------------- RAVI, AGED 58 YEARS, S/O. NARAYANAN, EDACHIRAYIL HOUSE, PUTHIYAVILA MURI,ARATTUPUZHA KIZHAKKEKKARA, ARATTUPUZHA PANCHAYATH WARD IV. BY ADV. SRI.R.SUNIL KUMAR A.SALINI LAL RESPONDENT: COMPLAINANTS --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9817 OF 2011 ------------------------------------------------------ Dated this the 2nd 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.385 of 2011 of Kayamkulam Excise Range, Alappuzha 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 20.11.2011, the petitioner was found engaged in the sale of Beer and Indian made foreign liquor behind his stationery shop. Three bottles of beer and 500 ml. of Indian made foreign liquor were seized from the possession of the petitioner. The petitioner was arrested on 20.11.2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.9817 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. 5. 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, 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) 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/