IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8984 of 2011() ----------------------------- CMP.6885/2011 of J.M.F.C.-II,HOSDRUG C.R.No.50/2011 OF NILESHWAR EXCISE RANGE, KASARGOD DISTRICT .................... PETITIONER/ACCUSED : --------------------- KODAKKADAN VEETTIL RAGHAVAN, AGED 67 YEARS, S/O.CHEMBAN,KONNAMKAD DESOM, BALAL VILLAGE,KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8984 of 2011 ---------------------------------------------- Dated this the 04th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.50 of 2011 of Nileshwar Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 21/10/2011, the petitioner was found in possession of 4 litres of arrack. The petitioner was arrested on 21/10/2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 67 years and on that ground his application for bail may be considered taking a lenient view. 5. Taking into account the facts and circumstances of the case and also the fact that the petitioner is aged 67 years, 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. Bail Appln.No.8984/2011 : 2 : 6. The petitioner shall be released on bail on his executing bond for `15,000/- (Rupees Fifteen thousand only) 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. 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