IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7154 of 2011() ----------------------------- CMP.1067/2011 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER/ACCUSED: --------------------------------------- BIJU JOY, S/O.JOY, ALEENA BHAVAN, KADUVAPPARA MURI, CHAKKUVARAKKAL VILLAGE. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT/ COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7154 of 2011 ---------------------------------------- Dated this the 5th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 60 of 2011 of Kottarakkara Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 21.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 5.7 liters of foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 21.8.2011and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner was involved in other cases of similar nature. Learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A.No.7154 of 2011 2 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 Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of First Class, Kottarakkara 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 and Thursdays for one month and thereafter on 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. B.A.No.7154 of 2011 3 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 rkc