IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6515 of 2011 CMP.2117/2011 of J.M.F.C., SASTHAMCOTTA C.R.NO.151 OF 2011 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM DISTRICT PETITIONER/ACCUSED -------------------------------------- MADHU, AGED 45 YEARS, S/O.GOPALAKRISHNA PILLAI, ARYA BHAVANAM, NADUVILE MURI, SOORANAD NORTH VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6515 OF 2011 ------------------------------------------------------ Dated this the 23rd 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 the accused in C.R.No.151 of 2011 of Sasthamcotta Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 31.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 3.5 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 31.7.2011 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in regular vending of Indian made foreign liquor, though no case as such was registered against the petitioner. BAIL APPL. NO.6515 OF 2011 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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; BAIL APPL. NO.6515 OF 2011 :: 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 ahz/