IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9040 of 2011() ----------------------------- C.R.No.21/2011 OF ADIMALY EXCISE RANGE PETITIONER:ACCUSED: -------------------- BABU, S/O.KUNJAN PILLAI, AGED 45 YEARS PUTHENPURACKAL HOUSE, PALLIVASAL PO, DEVIKULAM. BY ADV. SRI.DENIZEN KOMATH RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ADIMALY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9040 of 2011 ---------------------------------------------- Dated this the 08th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.21 of 2011 of Adimaly Excise Range. 2. The offences alleged against the petitioner are under Sections 55(i), 61 and 15(c) of the Abkari Act. 3. The prosecution case is that on 01/09/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 200 ml. of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner could not be arrested on the spot as he ran away. The petitioner was arrested on 02/10/2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other cases of similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any other offence of similar nature, while on bail in the present case. This submission is recorded. Bail Appln.No.9040/2011 : 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `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, Adimaly, 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. Bail Appln.No.9040/2011 : 3 : 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 skj True copy P.A. to Judge