IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6486 of 2011() ----------------------------- CMP.4514/2011 of J.M.F.C.-II,ATTINGAL CRIME NO.50 OF 2011 OF KILIMANOOR EXCISE RANGE .................... PETITIONER/ACCUSED: -------------------- SATHYADEVAN, S/O.KUNJAN S.J.HOUSE, VANCHIMUKKU, SEEMANTHAPURAM DESOM MADAVOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR , KILIMANOOR EXCISE RANGE REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 6486 OF 2011 --------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.50 of 2011 of Kilimanoor Excise Range. 2.The offence alleged against the petitioner is under Section 55 (i) of the Abkari Act. 3.The prosecution case is that on 26.7.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 800 ml. of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 26.7.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three abkari cases of the same B.A.No. 6486 OF 2011 2 nature in which an allegation was that he was engaged in the sale of spirituous ayurvedic preparations. 5. The learned counsel for the petitioner submitted that the petitioner is aged 67 years and he is suffering from cardiac ailments. He was taken to the hospital even while he was in jail. 6. The learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence of similar nature while on bail. This undertaking is recorded. 7.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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 8.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 B.A.No. 6486 OF 2011 3 Judicial Magistrate of the First Class-II, Attingal, 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 and Thursdays for two months and thereafter 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 cms