IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6883 of 2011 CMP.2261/2011 of J.M.F.C., SASTHAMCOTTA CRIME NO.829 OF 2011 OF SOORANAD POLICE STATION PETITIONER/ACCUSED -------------------------------------- AJI @ MANIKANDAN, S/O. PODIYAN, INDIRA BHAVANATHIL, AMBALATHUM BHAGOM MURI, PERUVAZHY VILLAGE, SASTHAMKOTTA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION IN CRIME NO. 829/2011, SASTHAMKOTTA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6883 OF 2011 ------------------------------------------------------ Dated this the 29th day of August, 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.829 of 2011 of Sooranad Police Station. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 14.3.2011, the petitioner was found in possession of six litres of Indian made foreign liquor, intended for sale. The petitioner was arrested on 14.8.2011 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 5. Since the petitioner was arrested only on 14.8.2011, it is too early to release the petitioner on bail as on this date, as it would affect the investigation of the case. However, taking into account the BAIL APPL. NO.6883 OF 2011 :: 2 :: facts and circumstances of the case, the nature of the offence and the present stage of investigation,I am inclined to grant bail to the petitioner, but, only with effect from 5.9.2011. 6. The petitioner shall be released on bail only on 5.9.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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 ahz/