IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8986 of 2011() ----------------------------- CMP.8462/2011 of J.M.F.C.,KASARAGOD CRIME NO.49/2011 OF KUMBLA EXCISE RANGE, KASARAGOD DISTRICT PETITIONER:ACCUSED : -------------------- SUDHAKARA RAI. P, S/O.VENKAPPA RAI, AGED 45 YEARS, PARINCHA HOUSE, PARICHA DESOM,BADOOR VILLAGE, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT: --------------- THE EXCIESE RANGE OFFICER, KUMBALA EXCISE RANGE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8986 of 2011 ---------------------------------------------- Dated this the 04th day of November, 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.49 of 2011 of Kumbla Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 06/10/2011, the petitioner was found transporting 64 litres of spirit. He was arrested on 06/10/2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case and he has to maintain his two minor children. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.8986/2011 : 2 : 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 18/11/2011. 7. The petitioner shall be released on bail with effect from 18/11/2011 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-I, Kasaragod, 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. Bail Appln.No.8986/2011 : 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 skj