IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8337 of 2011() ------------------------- CMP.8203/2011 of J.M.F.C.-I,HOSDRUG C.R.No.79 OF 2011 OF HOSDURG EXCISE RANGE .................... PETITIONER : ACCUSED : ---------------------- KAKKANATH RAJAN, AGED 40 YEARS, S/O.KOTTAN, KOVVAL STORE, KANHANGAD VILLAGE, HOSDURG TALUK, KASARGODE. BY ADV. SRI.V.R.REKESH RESPONDENT: --------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8337 of 2011 ---------------------------------------------- Dated this the 17th 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 C.R.No.79 of 2011 of Hosdurg 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 01/10/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. 12 bottles of Indian Made Foreign Liquor, each bottle containing 375 ml. of Indian Made Foreign Liquor were seized from the possession of the petitioner. He was arrested on 01/10/2011. 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 only with effect from 24/10/2011. Bail Appln.No.8337/2011 : 2 : 5. The petitioner shall be released on bail with effect from 24/10/2011 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, Hosdurg, 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 skj