IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Bail Appl..No. 5593 of 2011() ----------------------------- CRIME NO.67/2011 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED : --------------------------- THOMAS, S/O. FRANCIS, B.S.BHAVAN, MANCHADININNAVILA, BOUNDARMUKKU, KOTTAKKAKOM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5593 of 2011 --------------------------- Dated this the 15th day of July, 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.67 of 2011 of Aryanad Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 14.6.2011, the petitioner was found transporting 10 litres of illicit arrack. He was arrested on 14.6.2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA 5593/2011 2 petitioner, the nature of the offence and that the charge was laid, 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/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad, subject to the following conditions: A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; C) 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