IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5689 of 2011() ----------------------------- CRIME NO.78/2011 OF KAINADY POLICE STATION ALAPPUZHA DISTRICT PETITIONER : ACCUSED : -------------------- VIJAYAKUMAR, S/O.VELAYUDHAN MAMBILATHUSSERY VEEDU, WARD NO.II, KAVALAM PANCHAYAT, KUNNUMMA VILLAGE. BY ADV. SRI.M.V.THAMBAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THE SUB INSPECTOR OF POLICE KAINADY POLICE STATION, ALAPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5689 of 2011 ---------------------------------------------- Dated this the 19th day of July, 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.78 of 2011 of Kainady Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55(a) & (h) of the Abkari Act. 3. The prosecution case is that on 05/07/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 4 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. 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. 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 Bail Appln.No.5689/2011 : 2 : satisfaction of the Judicial Magistrate of the First Class, Ramankari, 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge