IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10279 of 2011 C.R.NO.112 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA. PETITIONER/ACCUSED -------------------------------------- AYYAPPAN,AGED 75 YEARS,S/O.KOCHUNATHAN, CHEERACHERIL VEEDU,PALLIPPAD MURI, THRIKKUNNAPUZHA VILLAGE,ALAPPUZHA DISTRICT. BY ADV. SRI.V.MADHUSUDHANAN SRI.T.ISSAC RESPONDENT: COUNTER PETITIONER --------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM(CR NO.112 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE ALAPPUZHA DISTRICT),PIN-682031. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 10279 OF 2011 B ------------------------------------------------------ Dated this the 15th day of December, 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 C.R.No.112 of 2011 of Karthikappally Excise Range, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 1.12.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.45 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 1.12.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 75 years. 5. Taking into account the facts and circumstances of the B.A.NO.10279 OF 2011 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the present stage of investigation and also the age of the petitioner, 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 I, Haripad, 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/