IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7593 of 2011 C.R.NO.28 OF 2011 OF NENMARA EXCISE RANGE, PALAKKAD DISTRICT PETITIONER/ACCUSED -------------------------------------- KRISHNAN, S/O.CHINNAVELU,AGED 47/11 YEARS, LILY DIVISION, PUTHUPPADY, NELLIYAMPATHY VILLAGE, NELLIYAMPATHY, CHITTUR TALUK, PALAKKAD. BY ADV. SMT.M.MADHUBEN RESPONDENT: COMPLAINANT -------------------------- THE EXCISE INSPECTOR, NENMARA EXCISE RANGE, IN CR.NO.28/2011, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7593 OF 2011 ------------------------------------------------------ Dated this the 26th day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R. No.28 of 2011 of Nenmara Excise Range, Palakkad District. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 27.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 12.625 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner surrendered before the investigating officer on 28.8.2011 and, on production before Court, he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in another case registered in the year 2009. B.A.NO.7593 OF 2011 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence of similar nature while on bail. This undertaking is recorded. 6. 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. 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, Alathur, 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; B.A.NO.7593 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 ahz/