IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5812 of 2011 CMP.3034/2011 of J.M.F.C., HARIPAD CRIME NO.35 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALLEPPEY. PETITIONER : ACCUSED --------------------------- RAJAPPAN, S/O.PARAMAN, RAJ BHAVANAM, KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5812 OF 2011 ------------------------------------------------------ Dated this the 2nd day of August, 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 Crime No.35 of 2011 of Karthikappally Excise Range, Alappuzha 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 19.4.2011, the petitioner was found in possession of 15 litres of arrack. He was arrested on 2.7.2011 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 5. Learned counsel for the petitioner submitted that the B.A.NO.5812 OF 2011 :: 2 :: petitioner undertakes that he will not commit any offence of similar nature while on bail. This undertaking is recorded. 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 I, Haripad, 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; B.A.NO.5812 OF 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 ahz/