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. 8867 of 2011 CRIME NO.432 OF 2011 OF VELLARIKUNDU POLICE STATION, KASARAGOD. PETITIONER/ACCUSED -------------------------------------- KRISHNAN, S/O.KOTTAN, AGED 55 YEARS, VAZHAVALAPPIL HOUSE, KOKKUNNU, BANAM, PARAPPA VILLAGE, KASARAGOD VILLAGE. BY ADV. SRI.K.J.MOHAMMED ANZAR SRI.K.ABDUL NASSAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 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. ------------------------------------------------------ Bail Appl. NO. 8867 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.432 of 2011 of Vellarinkundu Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on 16.10.2011, the petitioner was found in possession of five litres of arrack and 20 litres of wash. The petitioner was arrested on 16.10.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 55 years and he is a cancer patient. Annexure A2 case summary record issued by the Regional Cancer Centre, BAIL APPL. NO.8867 OF 2011 :: 2 :: Thiruvananthapuram is produced to support the submission made by the learned counsel. 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, the present stage of investigation and also the age and illness 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 II, 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; BAIL APPL. NO.8867 OF 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 ahz/