IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6693 of 2011 CMP.3416/2011 of J.M.F.C.-I,KOYILANDY C.R.NO.49 OF 2011 OF CHELANNUR EXCISE RANGE, KOZHIKODE. PETITIONER/ACCUSED -------------------------------------- ASOKAN, 52/11, S/O.VELLAN, PUTHIYOTTIL MEETHAL HOUSE, EDAKKARA AMSOM, DESOM, THALAKULATHUR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANANT & STATE ------------------------------------ 1. EXCISE INSPECTOR, CHELANNOOR EXCISE RANGE, KOZHIKODE-673 012. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6693 OF 2011 ------------------------------------------------------ Dated this the 24th day of August, 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.49 of 2011 of Chelannur Excise Range, Kozhikode District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 26.7.2011, the petitioner was found in possession of 200 litres of Wash. He was arrested on 26.7.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.6693 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. 6. 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, Koyilandy, 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/