IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6866 of 2009() ----------------------------- CRIME NO.109/2009 OF KARTHIKAPALLY EXCISE RANGE PETITIONER (S): ACCUSED ----------------------------------------- RAJAN.D. PUTHIYA VEETTIL MUTTOM MURI CHEPPAD VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6866 of 2009 --------------------------------------------- Dated this the 23rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.109 of 2009 of Karthikapally Excise Range, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 11.11.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 14.5 litres of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on the same date and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is suffering from chronic liver cirrhosis. Annexure A1 discharge summary issued by the PVS Memorial Hospital Ltd., Kochi was relied on by the counsel for the petitioner. Annexure A1 would show that the petitioner was admitted in the BA No. 6866/2009 2 hospital on 22.5.2009 and he was discharged on 26.5.2009. The diagnosis was that the petitioner is suffering from chronic liver cirrhosis. It is submitted by the learned counsel for the petitioner that even while in judicial custody, the petitioner was admitted in the Medical College Hospital, Thiruvananthapuram for the aforesaid disease. 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. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Haripad, 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 No. 6866/2009 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