IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9400 of 2011 EXCISE CRIME NO.123 OF 2011 OF KAYAMKULAM EXCISE RANGE. PETITIONER/ACCUSED -------------------------------------- SIVANANDAN @ SUCI,S/O.KOCHURAMAN, VALIYAPARAMBIL VEEDU,KANNAMBALLI BHAGAM MURI, KEERIKKAD VILLAGE,KARTHIKAPPALLY TALUK. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE SRI.MANU SEBASTIAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE, KAYAMKULAM-690502. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9400 OF 2011 ------------------------------------------------------ Dated this the 24th day of November, 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 Excise Crime No.123 of 2011 of Kayamkulam Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 4.11.2011, the petitioner was found in possession of 1.5 litres of coloured arrack. The petitioner was arrested on the same date and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in Excise Crime Nos.10 of 2011 and 31 of 2011 of the same Excise Range for having committed offences under the Abkari Act. BAIL APPL. NO.9400 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, however, only with effect from 6.12.2011. 7. The petitioner shall be released on bail only on 6.12.2011 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, Kayamkulam, 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; BAIL APPL. NO.9400 OF 2011 :: 3 :: 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/