IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7477 of 2011() ----------------------------- CRIME NO.375/2011 OF VELLARIKUNDU POLICE STATION .................... PETITIONER/ACCUSED : -------------------------- K.KRISHNAN,AGED 50 YEARS,S/OP.PAKKEERAN, RESIDING AT KANDATHIL HOUSE,OMANANGANAM, PARAPPA VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE -------------------- THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER,VELLARIKUNDU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7477 of 2011 --------------------------- Dated this the 22nd 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.375 of 2011 of Vellarikundu Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 28.8.2011, the petitioner was found in possession of 1 litre of arrack and 10 litres of wash. The petitioner was arrested on 28.8.2011 and he was remanded to judicial custody. 4. 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. The petitioner shall be released on bail on his executing BA 7477/2011 2 bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 csl