IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7740 of 2011 CRIME NO.994 OF 2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA. PETITIONER/ACCUSED -------------------------------------- PRAKASH, AGED 38 YEARS, S/O.THANKAPPAN, CHAKKALAYIL VEEDU, PERINGALA VILLAGE, WARD NO.10, CHETTIKULANGARA, KAYAMKULAM. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT: COMPLAINANT -------------------------- 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 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7740 OF 2011 ------------------------------------------------------ Dated this the 26th day of September, 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 Crime No.994 of 2011 of Kayamkulam Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 3.9.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 6.25 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 3.9.2011 and he was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner is suffering from epilepsy. 5. Taking into account the facts and circumstances of the B.A.NO.7740 OF 2011 :: 2 :: 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 Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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 ahz/