IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 9298 of 2011 C.R.NO.83 OF 2011 OF HOSDURG EXCISE RANGE, KASARAGOD DISTRICT. PETITIONER/ACCUSED -------------------------------------- RAVI, AGED 29 YEARS, S/O. KALICHAMPARA RAMAN, KALICHAMPARA, BELUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR, HOSDURG EXCISE RANGE, (CR. NO.83 OF 2011) KASARAGOD-671 121. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9298 OF 2011 ------------------------------------------------------ Dated this the 21st day of November, 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.83 of 2011 of Hosdurg Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 29.10.2011 at 1 P.M., the petitioner was found in possession of four litres of arrack. He was arrested on 29.10.2011 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, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A.NO.9298 OF 2011 :: 2 :: 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, 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 ahz/