IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8446 of 2011() ----------------------------- CR NO.46/2011 OF KUMBLA EXCISE RANGE, KASARAGOD .................... PETITIONER(S): ACCUSED --------------------------- RAMACHANDRA K., S/O.BABU K., AGED 38 YEARS, KODIBAYAL SC COLONY, KODIVAYAL DESOM, MANGALPADI VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT -------------------------- THE EXCISE RANGE OFFICER, KASARAGOD REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.8446 of 2011 --------------------------------- Dated this the 19th day of October, 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.46 of 2011 of Kumbla Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 1.10.2011, the petitioner was found in possession of 35 packets of Indian made foreign liquor, each packet containing 180 ml. The IMFL was intended for sale in Karnataka State alone. The petitioner was arrested on 1.10.2011 and 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 BA 8446/11 2 investigation, I am of the view that bail can be granted to the petitioner. 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-I, Kasaragod, 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 csl