IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8300 of 2011() ----------------------------- CRIME NO.674/2011 OF NOORNADU POLICE STATION PETITIONER (S): ACCUSED --------------------------- SIVARAMAN, AGED 60 YEARS, VALIYATHUTHEKKATHIL, ERUMAKUZHI MURI, PALAMEL VILLAGE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH THE SUB INSPECTOR, NOORNADU POLICE STATION,ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8300 of 2011 --------------------------- Dated this the 13th day of October, 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.674 of 2011 of Noornadu Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 55(i) and (h) of the Abkari Act. 3. The prosecution case is that on 2.10.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 600 ml. of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 2.10.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the BA 8300/11 2 petitioner is involved in other similar cases. The details of the cases have not been furnished. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 20.10.2011. The petitioner shall be released on bail only on 20.10.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Mavelikkara, 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; BA 8300/11 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 csl