IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 9153 of 2011() ----------------------------- CRIME NO.2569/2011 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ SASANKAN, S/O.DIVAKARAN, PATTAKANDATHIL VEEDU, THODIYOOR P.O., MUZHANGODI MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9153 of 2011 --------------------------- Dated this the 11th 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.2569 of 2011 of Karunagappally Police Station. 2. The offences alleged against the petitioner are under Sections 55 (a) and (i) of the Abkari Act. 3. The prosecution case is that on 24.10.2011, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 3.5 litres of IMFL was seized from the possession of the petitioner. 4. The petitioner was arrested on 24.10.2011 and he was remanded to judicial custody. BA 9153/11 2 5. The learned Public Prosecutor submitted that the petitioner is involved in eight other cases of similar nature. 6. The learned counsel for the petitioner submitted that the petitioner solemnly undertakes that he will never involve himself in any prejudicial activity while on bail in the present case. The counsel also submitted that when any other crime of similar nature is registered against the petitioner, the petitioner has no objection in cancelling the bail. This submission 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 and the present stage of investigation, I am of the view that bail can be granted to the 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, Karunagappally, subject to the following conditions: BA 9153/11 3 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