IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Bail Appl..No. 7709 of 2011() ----------------------------- CR NO.43/2011 OF NILESHWAR EXCISE RANGE, KASARAGOD .................... PETITIONER/ACCUSED: --------------------------- RATHEESH.P., AGED 29 YEARS, S/O.P.M.RAMAKRISHNAN, RESIDING AT PARAYIL VEETTIL, KARAT DESOM, PASRAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA THROUGH THE EXCISE INSPECTOR, NILESHWAR EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7709 of 2011 --------------------------- Dated this the 23rd day of September, 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.43 of 2011 of Nileshwar Excise Range, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 8.9.2011, the petitioner was found in possession of 6 litres of arrack. The petitioner was arrested on 8.9.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that though no other case is pending against the petitioner, he is a person who is regularly involved in the sale of arrack. BA 7709/2011 2 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 and Thursdays for a period of two months and thereafter 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; BA 7709/2011 3 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