IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7085 of 2011() ----------------------------- Crime No.99 of 2011 of Aryanad Excise Range, Thiruvananthapuram District. PETITIONER : ACCUSED --------------------------- SREEKUMAR @ SREEKUTTAN, S/O.VELAPPAN PILLAI, SRUTHI BHAVAN, THADATHARIKATHU, EDAVANKONATH, VINOBANIKETHAN, KOTTAKKAKOM MURI, ARYANADU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7085 of 2011 ---------------------------------------------- Dated this the 05th 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.99 of 2011 of Aryanad Excise Range, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 55(i), 65 and 67-B of the Abkari Act. 3. The prosecution case is that on 18/08/2011, the petitioner was found in possession of 15 litres of Indian Made Foreign Liquor intended for sale. The petitioner was arrested on 18/08/2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature registered in 2007 and 2011. The learned Counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. Bail Appln.No.7085/2011 : 2 : 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. 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-I, Nedumangad, 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 and Thursdays for a period of one month and thereafter on Mondays 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. Bail Appln.No.7085/2011 : 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 skj