IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8792 of 2011() ----------------------------- CMP.3498/2011 of J.M.F.C. - II, MAVELIKKARA CRIME NO.109 OF 2011 OF NOORNADU EXCISE RANGE, ALAPPUZHA DT. .................... PETITIONER/ACCUSED --------------------------- LAL, AGED 38 YEARS,S/O.CHELLAPPAN, THETTIKUZHY PUTHEN VEEDU, ERUMAKKUZY MURI, PALAMEL VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, THROUGH THE EXCISE INSPECTOR, NOORNADU EXCISE RANGE. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8792 OF 2011 --------------------------------- Dated this the 31st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.109 of 2011 of Noornadu Excise Range, Alappuzha District. 2.The offence alleged against the petitioner is under Section 55 (i) of the Abkari Act. 3.The prosecution case is that on 13.10.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 2 litres of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on 13.10.2011. 4. Heard the learned counsel for the petitioner and the B.A.No. 8792 OF 2011 2 learned Public Prosecutor. 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 offence 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-II, Mavelikkara, 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 B.A.No. 8792 OF 2011 3 or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms