IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6485 of 2011() ----------------------------- CMP.5142/2011 of J.M.F.C.-I,ATTINGAL CRIME NO.520 OF 2011 OF POTHENCODE POLICE STATION .................... PETITIONER/ACCUSED: -------------------- GIREESHAN, S/O. SAHADEVAN KALABHAVAN, KAROOR MURI, ANDOORKONAM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 6485 OF 2011 --------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.520 of 2011 of Pothencode Police Station. 2.The offence alleged against the petitioner is under Section 55 (h) & (i) of the Abkari Act. 3.The prosecution case is that on 1.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. The petitioner was found in possession of 1.4 litres of Indian made foreign liquor. He was arrested on 1.8.2011 and he was remanded to 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 B.A.No. 6485 OF 2011 2 of 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-I, Attingal, 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. B.A.No. 6485 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms