IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5736 of 2011() ---------------------------------------- CRIME NO.27/2011 OF CHENGANNUR EXCISE RANGE, ALAPPUZHA DIST. ............. PETITIONER/ACCUSED ---------------------------------- SHAIJUMON, AGED 33 YEARS, S/O.V.M. JAMES, VETTIKKAL VEEDU, NANNADU MURI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. MANU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs K.T.SANKARAN, J. --------------------------------- B.A.No.5736 OF 2011 --------------------------------- Dated this the 22nd day of July, 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.27 of 2011 of the Chengannur Excise Range. 2.The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3.The prosecution case is that on 12.5.2011, a quantity of 20 litres of spirit was found in the compound of the petitioner. The petitioner surrendered before the investigating officer on 27.6.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another abkari case. The learned B.A.No.5736 OF 2011 2 counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. 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, Chengannur, 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 B.A.No.5736 OF 2011 3 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 cms