IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8843 of 2011() ----------------------------- CRIME NO.332/2011 OF AMBALATHARA POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED : ---------------------------- RAMAN @ KUNHIRAMAN, AGED 64 YEARS, S/O.APPA, VELONGOTH HOUSE, PULLUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.332 OF 2011 OF AMBALATHARA POLICE STATION), KASARAGOD DISTRICT-671 121. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8843 of 2011 --------------------------- Dated this the 2nd day of November, 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.332 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on 18.10.2011, the petitioner was found in possession of 4.5 litres of arrack and 20 litres of wash. The petitioner was arrested on 18.10.2011. 4. It is submitted by the learned counsel for the petitioner that the petitioner is aged 64 years and that he is not involved in any other case of similar nature. 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 the present stage of investigation, I am of the view that bail can be granted to the BA 8843/11 2 petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- 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 csl