IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7781 of 2011() ----------------------------- CMP.5685/2011 of J.M.F.C., KAYAMKULAM CRIME NO.986 OF 2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DT. .................... PETITIONER/ ACCUSED --------------------------- SARATHCHANDRA BABU, AGED 61 YEARS, S/O. CHELLAPPAN PILLAI, KULATHINTE KIZHAKKATHIL, CHERAVALLY MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7781 OF 2011 --------------------------------- Dated this the 28th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.986 of 2011 of Kayamkulam Police Station, Alappuzha 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 2.9.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 9.65 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 2.9.2011. 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.7781 OF 2011 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 `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, Kayamkulam, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No.7781 OF 2011 3 F) 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 cms