IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 6420 of 2011 CRMP.1715/2011 of JUDL.MAG. OF FIRST CLASS, PAYYOLI CRIME NO.130 OF 2011 OF PAYYOLI POLICE STATION, KOZHIKODE. PETITIONER/IST ACCUSED ------------------------------------------ ASOKAN,S/O.ONAKKAN,AGED 55, 418A, NADUTHARA PARAMBIL, PAYYOLI,KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT: COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6420 OF 2011 ------------------------------------------------------ Dated this the 12th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.130 of 2011 of Payyoli Police Station, Kozhikode District. 2. The offence alleged against the accused is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 25.3.2011, 846 bottles of Indian made foreign liquor were found in the firewood shed and kitchen of the house belonging to accused No.2. It is stated that out of the 846 bottles, 47 bottles contained 375 ml. and 799 bottles contained 180 ml. of Indian made foreign liquor. Accused No.2 was arrested on 25.3.2011. The learned counsel for the petitioner submitted that accused No.2 was released on bail within twenty days of the date of his arrest. BAIL APPL. NO.6420 OF 2011 :: 2 :: 4. Accused No.1 (petitioner) surrendered before Court on 20.7.2011 and he was remanded to judicial custody. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyoli, 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 two months and, thereafter, 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; BAIL APPL. NO.6420 OF 2011 :: 3 :: 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 ahz/