IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9611 of 2011() ----------------------------- CRMP.7092/2011 of J.M.F.C., ADOOR CRIME NO.998/2011 OF PANDALAM POLICE STATION PATHANAMTHITTA DISTRICT .................... PETITIONER/ ACCUSED : ---------------------- JAYAPAKASH,AGED 50 YEARS, S/O.BALAKRISHNAN,KAMALAVILASOM VEEDU, VIJAYAPURAM,VAYALINUMPADINJARU MURI, PANDALAM THEKKEKKARA VILLAGE. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING SHO PANDALAM POLICE STATION,PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9611 of 2011 ---------------------------------------------- Dated this the 29th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.998 of 2011 of Pandalam Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 03/11/2011, the petitioner was found in possession of 4 litres of Indian Made Foreign Liquor intended for sale. 4. The petitioner was arrested on 03/11/2011 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 `25,000/-(Rupees Twenty five thousand Bail Appln.No.9611/2011 : 2 : only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor, 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj