IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5729 of 2011() ----------------------------- CRMP.3006/2011 of J.M.F.C., ALATHUR .................... C.R.No.40 OF 2011 OF KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT ---------------- PETITIONER/ACCUSED :- ------------------------------------ KRISHNANKUTTY, AGED 29 YEARS, S/O.KUPPAN, MODAMPARAMBU, ERIMAYUR I VILLAGE, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A.No. 5729 OF 2011 --------------------------------- Dated this the 27th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in C.R.No.40 of 2011 of the Kuzhalmannam Excise Range, Palakkad District. 2.The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3.The prosecution case is that on 7.7.2011, the petitioner was found in possession of 5 litres of illicit arrack. The petitioner was arrested on 7.7.2011 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 B.A.No. 5729 OF 2011 2 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 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, Alathur, 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. B.A.No. 5729 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms