IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 8034 of 2011() ----------------------------- CMP.2381/2011 of J.M.F.C.,PEERUMEDU C.R.No.38/2011 OF VANDIPERIYAR EXCISE RANGE, IDUKKI DISTRICT .................... PETITIONER/ACCUSED : ------------------------ PARAMASIVAN @ PAL PALANI, S/O.SAMUEL, NO.1 DIVISION, GRANMBI ESTATE, MANJUMALA VILLAGE, VANDIPERIYAR, PEERUMADE. BY ADV. SRI.SABU S.KALLARAMOOLA SRI.S.NIDHEESH RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8034 of 2011 ---------------------------------------------- Dated this the 04th day of October, 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.38 of 2011 of Vandiperiyar Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 25/09/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 1.76 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. 4. The petitioner was arrested on 25/09/2011. 5. It is submitted that the petitioner is not involved in any other case of similar nature. 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 11/10/2011. Bail Appln.No.8034/2011 : 2 : 7. The petitioner shall be released on bail with effect from 11/10/2011 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-I, Peerumedu, 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 skj