IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5271 of 2011 CMP.4251/2011 of J.M.F.C.-I, HOSDURG CRIME NO.236 OF 2011 OF AMBALATHARA POLICE STATION, KASARAGOD DISTRICT. PETITIONER: ACCUSED: -------------------- V.K. KUNHIKKANNAN S/O. ALAMI,MALAYAKAL, BELUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SMT.HEMALATHA RESPONDENT: COMPLAINANT: STATE: --------------- THE STATE OF KERALA, REPRESENTED BY SHO AMBALATHARA POLICE STATION REPRESENTED THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5271 OF 2011 F ------------------------------------------------------ Dated this the 6th day of July, 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.236 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 12.6.2011, the petitioner was found engaged in the sale of Indian made foreign liquor in his shop. A quantity of 6.495 litres of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on 12.6.2011 and he was remanded to judicial custody. It is submitted by the learned Public Prosecutor that the petitioner is not involved in any other case of similar nature. 4. Taking into account the facts and circumstances of the B.A.NO.5271 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. 5. 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 I, Hosdurg, 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/