IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8141 of 2011 C.R.NO.54 OF 2011 OF EXCISE RANGE, NEDUMANGAD. PETITIONER:ACCUSED: ARJUNAN, S/O.SREEDHARAN, VATTARATHALA NIKHIL NIVAS, ANAD MURI, ANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.M.SREEKUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8141 OF 2011 ------------------------------------------------------ Dated this the 11th day of October, 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.54 of 2011 of Excise Range, Nedumangad. 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 13.8.2011, the petitioner was found in possession of 1.5 litres of arrack. The petitioner was arrested on 13.8.2011 and he was remanded to judicial custody. 4. It is submitted by the State Prosecutor that the petitioner is involved in several other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. BAIL APPL. NO.8141 of 2011 :: 2 :: 6. 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. 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 II, 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; 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/