IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9335 of 2011() ---------------------------- IN CRIME NO. 99/2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA .................... PETITIONER(S): ------------------------ RAJEESH, AGED 36 YEARS, S/O.RAJAPPAN, PADINJARE MULLASSERIL VEEDU, THEKKEKKARA KIZHAKKUM MURI, PALLIPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): ------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE,KARTHIKAPPALY, ALAPPUZHA DIST BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO. 9335 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th 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 Crime No. 99 of 2011 of Karthikappally Excise Range. 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 01/11/2011, the petitioner was found in possession of 5 liters of arrack. The petitioner was arrested on 01/11/2011. 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. 5. The petitioner shall be released on bail on his B.A.No.9335/2011 -2- executing bond for Rs.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-II, 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. 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. ds