IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Bail Appl..No. 5700 of 2011() ----------------------------- CRIME NO.79/2011 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED : --------------------------- KUNJUMON @ SREEKUMAR,S/O.BHASKARAN, PANDAKASSALA THEKKATHIL VEEDU,PRAYAR THEKKUMMURI, CLAPPANA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE INSPECTOR EXCISE RANGE, KARUNAGAPPALLY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5700 of 2011 --------------------------- Dated this the 15th day of July, 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.79 of 2011 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) & (i) and 67B of the Abkari Act. 3. The prosecution case is that on 1.7.2011, a quantity of 39 litres of Indian made foreign liquor was recovered from the motor bike and the house belonging to the petitioner. It is alleged that the IMFL was stored for sale. The petitioner was arrested on the spot on 1.7.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner, relying on Annexures B to E series, submitted that the petitioner is suffering from cancer. Annexure D certificate issued by the Regional BA No.5700/2011 2 Cancer Centre, Thiruvananthapuram shows that the petitioner was granted rail concession available to cancer patients. 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, the present stage of investigation and the illness of the petitioner, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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; BA No.5700/2011 3 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