IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5338 of 2009() ------------------------------------------ (C.R.NO.96 OF 2009 OF PATHANAPURAM EXCISE RANGE,KOLLAM DIST.) PETITIONER:ACCUSED: ------------------------------------- SREEDHARAN, S/O. GOVINDAN, YESODHA BHAVAN, PERUMTHOYIL, KARAVOOR PO., PATHANAPURAM TALUK, KOLLAM. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM (CR. NO. 96 OF 2009 OF PATHANAPURAM EXCISE RANGE. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. -------------------------- B.A. No. 5338 of 2009 ----------------------------- Dated this the 25th day of September, 2009 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. 96/2009 of Pathanapuram Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55 (a)(i) of the Abkari Act. 3. The prosecution case is that on 29.08.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.65 litres of I.M.F.L. was seized from him. The petitioner was arrested on 29.08.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is aged 79 years and that now he is hospitalised. 5. 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 B.A. No. 5338 of 2009 2 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 Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Punalur subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer for interrogation as and when required. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln