IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6304 of 2011() ----------------------------- CMP.2060/2011 of J.M.F.C., SASTHAMCOTTA (CRIME NO.149 OF 2011 OF THE SASTHAMCOTTA EXCISE RANGE) .................... ACCUSED --------------------------- BABU, S/O.KOCHUMATHAI, CHARUVILA PUTHEN VEEDU, THURUTHIKKARA MURI, KUNNATHOOR VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDA KRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, ERNAKULAM, (EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE). BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6304 OF 2011 --------------------------------- Dated this the 8th day of August, 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.149 of 2011 of the Sasthamcotta Excise Range, Kollam District. 2.The offence alleged against the petitioner is under Section 55(i)of the Abkari Act. 3.The prosecution case is that on 27.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 2.5 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 27.7.2011 and he was remanded to judicial custody. 4.Taking into account the facts and circumstances of B.A.No.6304 OF 2011 2 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 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, Sasthamcotta, 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 petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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. B.A.No.6304 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms