IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8304 of 2011 CRIME NO.329 OF 2011 OF WALAYAR POLICE STATION, PALAKKAD DISTRICT PETITIONER: ACCUSED NO.2: -------------------- FAMEES,AGED 22 YEARS S/O.K.K.MARAKKAR, KOONAMKUZHI VEED KAVUMPURAM, PERUMBAVOOR, ERNAKULAM. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT: --------------- THE STATE OF KERALA THE INSPECTOR OF POLICE WALAYAR POLICE STATION. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8304 OF 2011 ------------------------------------------------------ Dated this the 13th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.329 of 2011 of Walayar Police Station, Palakkad District. 2. The offence alleged against the accused is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 14.8.2011, the accused persons were found transporting 450 litres of spirit from Tamil Nadu to Kerala. The petitioner was arrested on 14.8.2011 and he was remanded to judicial custody. The petitioner is in judicial custody for the last sixty days. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A.NO.8304 OF 2011 :: 2 :: 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Palakkad, 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 a period of one month and thereafter, 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 ahz/