IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7089 of 2011() ----------------------------- Crime No.609 of 2011 of Pandalam Police Station, Pathanamthitta District. PETITIONER/ACCUSED ----------------------- PRASAD @ ULLUR, S/O.RAMCHANDRAN, NJAMAKUZHIYIL,MEZHUVELI MURI, MEZHUVELI VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ RESPONDENTS: STATE -------------------- 1. STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-31. 2. S.I.OF POLICE,PANDALAM POLICE STATION, PANDALAM,PATHANAMTHITTA-689541. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7089 of 2011 ---------------------------------------------- Dated this the 05th day of September, 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.609 of 2011 of Pandalam Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 17/08/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of three litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 17/08/2011. 4. After completing the investigation, charge was laid in the case on 29/08/2011. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. Bail Appln.No.7089/2011 : 2 : 6. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand 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 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 skj