IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10181 of 2011() ------------------------------ C.R.NO.74 OF 2011 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM .................... PETITIONER : ACCUSED ------------------------------ VISWAMBHARAN KANI, D/O.VASU KANI, ROADARIKATHU VEEDU,CHEMPOTTUMPARA, NALAMKALLU,CHITTUVEETTU MURI, THOLIKKODE VILLAGE,NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SMT.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10181 of 2011 --------------------------- Dated this the 14th 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.74 of 2011 of Nedumangad Excise Range, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and Section 67B of the Abkari Act. 3. The prosecution case is that on 9.11.2011, the accused was found transporting 20 litres of arrack on a bike. It is stated that he could not be arrested on 9.11.2011 as he ran away. The petitioner was arrested on 14.11.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature. It is BA 10181/11 2 also submitted that if the petitioner is released on bail at this stage, he would involve in similar offences, particularly during Christmas eve. 5. 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 with effect from 30.12.2011. The petitioner shall be released on bail only on 30.12.2011 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, Nedumangad, 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; BA 10181/11 3 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 csl