IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 6963 of 2011() ----------------------------- PETITIONER/ACCUSED -------------------------------------- BABU POOJARY,AGED 65 YEARS, S/O.DHOOMA POOJARY,KALAKKE HOUSE,KUNJATHUR VILLAGE,KUNJATHUR DESOM,KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. THE EXCISE RANGE OFFICE,KUMBLA-671121. 2. STATE REP:BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.6963 of 2011 ---------------------------------------- Dated this the 6th 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 CR No. 36 of 2011 of Kumbala Excise Range. 2. The offence alleged against the petitioner is under Sections 55 (a) and 64 A of the Abcari Act. 3. The prosecution case is that on 16.8.2011, the petitioner was found in possession of 77 bottles of Indian made foreign liquor, each bottle containing 180ml of liquor. It is alleged that the Indian made foreign liquor was intended for supply in the State of Karnataka only. The petitioner was arrested on 16.8.2011 and he was remanded to judicial custody on 17.8.2011 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 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 B.A.No.6963 of 2011 2 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 - I, Kasaragode 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 rkc