IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7869 of 2011 CRIME NO.665 OF 2010 OF NILESHWAR POLICE STATION, KASARAGOD DISTRICT. PETITIONER/ACCUSED -------------------------------------- RAJU @ RAJESH, AGED 28 YEARS, S/O.BALAN, RESIDING AT CHERAPPURAM, ALINKEEZHIL, NILESHWAR, PEROLE VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPALINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7869 OF 2011 ------------------------------------------------------ Dated this the 30th 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.665 of 2010 of Nileshwar Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 6.10.2010, seven bottles of Indian made foreign liquor, each bottle containing 750 ml., were found kept in the house of the accused, intended for sale. The petitioner could not be arrested as he ran away. The petitioner surrendered before Court on 14.9.2011 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that charge sheet was filed. BAIL APPL. NO.7869 OF 2011 :: 2 :: 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. 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 II, Hosdurg, 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 ahz/