IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5887 of 2011() ----------------------------- C.R.NO.44/2011 OF EXCISE RANGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM PETITIONER :ACCUSED --------------------- BABU, AGED 67, S/O.DAMODARAN, DHANYA LAKSHMI VEEDU, PANDAKASALA DESOM, SARKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.SUNNY ZACHARIA RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE RANGE INSPECTOR, EXCISE RANGE, CHIRAYINKEEZHU THROUGH THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5887 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in C.R.No.44 of 2011 of Excise Range, Chirayinkeezhu, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 55(a), 55-D and 57-A of the Abkari Act. 3. The prosecution case is that on 08/06/2011, the accused Nos.1 to 3 were found mixing toddy with spirit in the property belonging to the wife of the third accused. A quantity of 1000 litres of toddy and 8 litres of spirit was seized. The petitioner was arrested on 08/06/2011 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.5887/2011 : 2 : 5. The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Attingal, 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