IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5423 of 2011() ------------------------- CRIME NO.58/2011 OF SHOLAYUR POLICE STATION PETITIONER/ACCUSED ---------------------- JYOTHISH, AGED 35 YEARS, S/O.KARUPPUSWAMY, VALAYAR COLONY, MELEKOTTATHARA. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, ERNAKULAM REPRESENTING THE SHO, SHOLAYUR IN CRIME NO.58/2011. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------- Bail Appln.No.5423 of 2011 -------------------------------------------- Dated this the 06th day of July, 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.58 of 2011 of the Sholayur Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 8 (1) & (2) Abkari Act. 3. The prosecution case is that on 12/06/2011, the petitioner was found in possession of 5 litres of illicit liquor. He was arrested on the spot and he was remanded to judicial custody. 4. 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 petitioner. 5. 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 Bail Appln.No.5423/2011 : 2 : satisfaction of the Judicial Magistrate of the First Class, Mannarkkad, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 skj