IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9237 of 2011() ----------------------------- CMP.3715/2011 of J.M.F.C. - II, MAVELIKKARA IN EXCISE CRIME NO. 117/2011 OF THE NOORANADU EXCISE RANGE .................... PETITIONER(S): /ACCUSED: --------------------------------------- VASUDEVAN, AGED 57 YEARS, S/O.AYYAN, THUNDUVILAYIL, THEKKUM MURI THAMARAKULAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT, THAMARAKULAM P.O., PIN-690 530. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR RESPONDENT(S): STATE & COMPLAINANT: --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA ERNAKULAM, PIN-682 031. 2. THE EXCISE INSPECTOR, NOORANADU EXCISE RANGE, NOORANADU, ALAPPUZHA DISTRICT - 690 504. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV FOR R1 AND R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T. SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. NO. 9237 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th 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 accused in Crime No. 117 of 2011 of the Nooranadu 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 04-11-2011, the petitioner was found in possession of 2 litres of arrack. The petitioner was arrested on the spot and remanded to judicial custody. 4. 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 only with effect from 21-11-2011. 5. The petitioner shall be released on bail with effect from 21-11-2011 on his executing bond for Rs. 25,000/-(Rupees B.A.No.9237/2011 :- 2 :- Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Mavelikkara, 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. 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. ds