IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5129 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4415/2011 DATED 13/06/2011 CRIME NO.1215/2011 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONER : ACCUSED ----------------------------------- ANIL KUMAR @ ANIYANKUNJU, S/O.KARUNAKARAN PILLAI, AMBIKA SADANAM, PULIYOOR VANCHI THEKKUMMURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682031 PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5129 of 2011 --------------------------- Dated this the 4th day of July, 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 sole accused in Crime No.1215 of 2011 of Karunagappally Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 15.5.2011, the petitioner was found keeping 9.930 litres of Indian made foreign liquor for sale. The petitioner was arrested on 15.5.2011 and he is in judicial custody since then. It is alleged that the petitioner is involved in several other similar cases. After completing the investigation in the present case, final report was filed. 4. Taking into account the facts and circumstances of B.A.No.5129/2011 2 the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail 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, Karunagappally, subject to the following conditions: A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; C) 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