IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5084 of 2011() ----------------------------- CRIME NO.57/2011 OF SHOLAYUR POLICE STATION PETITIONER/ACCUSED : ---------------------------------- NARAYANAN, AGED 68 YEARS, S/O.PALANIYAPPAN, MATTATHU VEEDU, VAYALUR, SHOLAYUR, PALAKKAD DISTRICT. BY ADV. SRI.AJITH MURALI SRI.P.ABANI SRI.S.KRISHNALAL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSCUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5084 of 2011 --------------------------- Dated this the 4th day of July, 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 sole accused in Crime No.57/2011 of Sholayur Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 11.6.2011, the petitioner was found in possession of 1.5 litres of arrack and 9.375 litres of Indian made foreign liquor, intended for sale among the Adivasis. The learned counsel for the petitioner submitted that the petitioner is aged 67 years and there would be nobody to look after his two daughters, if the petitioner is to remain in judicial custody. The petitioner was arrested on 11.6.2011 and he is in judicial custody since then. B.A.No.5084/2011 2 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. 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, Mannarkkad, 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; B.A.No.5084/2011 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 csl