IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 6640 of 2011() ----------------------------- CMP.2310/2011 of J.M.F.C. - II, MAVELIKKARA Crime No.67 of 2011 of Nooranad Excise Range, Alappuzha District .................... PETITIONER/ACCUSED ----------------------------- ANILKUMAR, AGED 37 YEARS, S/O.BALAKRISHNA PILLAI, CHAKKALA PADEETTATHIL VEEDU, ERUMAKKUZHY MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6640 OF 2011 --------------------------------- Dated this the 5th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.67 of 2011 of Nooranad Excise Range, Alappuzha District. 2.The offences alleged against the petitioner are under Section 55 (a) and 58 of the Abkari Act. 3.The prosecution case is that on 8.7.2011, a quantity of 1155 litres of spirit was seized from the house of accused No.1. He was arrested on 8.7.2011. 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 B.A.No.6640 OF 2011 2 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 `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, Mavelikara, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Monday and Thursday for two months and thereafter on Mondays, till the final report is filed. 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 B.A.No.6640 OF 2011 3 be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms