IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 9031 of 2011 CRIME NO.620 OF 2011 OF KASABA POLICE STATION, KOZHIKODE PETITIONER : ACCUSED: ------------------------------ AMBIKA,W/O.LATE ASHOKAN,AGED 55 YEARS, PANIKKAL HOUSE,MAKKOLATH ROAD, KOZHIKODE. BY ADV. SRI.C.V.JITHESH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM(CRIME NO.620 OF 2011 OF KASABA POLICE, KOZHIKODE). PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR HEARING ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R WHEN THE BAIL APPLICATION CAME UP FOR HEARING ON 8.11.2011, THERE WAS NO REPRESENTATION FOR THE PETITIONER. TODAY ALSO THERE IS NO REPRESENTATION FOR THE PETITIONER. ACCORDINGLY, THE BAIL APPLICATION IS DISMISSED. 14.11.2011 (K.T.SANKARAN) JUDGE AHZ/ K.T.SANKARAN, J. --------------------------- B.A.No.9031 of 2011 --------------------------- Dated this the 13th day of December, 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 Crime No.620 of 2011 of Kasaba Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 29.9.2011, the petitioner was found to have stored 70 bottles of Indian made foreign liquor, each bottle containing 500 ml., in the hotel belonging to him. It is alleged that the IMFL was stored in the hotel for the purpose of sale. The petitioner was arrested on 29.9.2011 and he was 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. BA 9031/11 2 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 satisfaction of the Judicial Magistrate of the First Class-III, Kozhikode, 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 csl