IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5873 of 2011 CRMP.2094/2011 OF DISTRICT COURT, PALAKKAD CRMP.3715/2011 OF J.M.F.C.,CHITTUR C.R.NO.19 OF 2011 OF KOLLENGODE EXCISE RANGE PETITIONER/ACCUSED: ---------------------------------- GURU SWAMY, S/O.RAMA SWAMY CHETTIYAR, AGED 67 YEARS, CHAPPAKKADU DESOM, MUTHALAMADA, CHITTUR. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, KOLLENGODE RANGE, KOLLENGODE P.O., PALAKKAD- 678 107. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5873 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.19 of 2011 of Kollengode Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) Abkari Act. 3. The prosecution case is that on 17/06/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 4 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. He was arrested on 17/06/2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. The counsel also pointed out that the petitioner is aged 67 years. Bail Appln.No.5873/2011 : 2 : 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 `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, Chittur, 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. Bail Appln.No.5873/2011 : 3 : 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 skj