IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5223 of 2011() ----------------------------- CRIME NO.291/2011 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA DT. .................... PETITIONER/ACCUSED : --------------------------------- APPUKUTTAN, AGED 58 YEARS, S/O.KESAVAN, PUTHUPARAMBIL HOUSE, CHANTHENKERI, PERINGARA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5223 of 2011 --------------------------- Dated this the 5th 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 sole accused in Crime No.291/2011 of Pulikeezhu Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 11.6.2011, the petitioner was found in possession of 1.250 litres of arrack. The petitioner was arrested on 11.6.2011 and he is in 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 B.A.No.5223/2011 2 investigation, 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 ` 15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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