IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Bail Appl..No. 7797 of 2011() ----------------------------- CMP.2635/2011 of J.M.F.C.,NADAPURAM CRIME NO.269/2011 OF THOTTILPALAM POLICE STATION KOZHIKODE DISTRICT .................... PETITIONER : ACCUSED: -------------------- SANTHOSH,S/O.ANTONY,MANGALASSERY HOUSE MULLANKUNNU,MARUTHONKARA,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: STATE -------------------- 1. SUB INSPECTOR OF POLICE, THOTTILPALAM POLICE STATION, KOZHIKODE 673 024. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 31. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7797 of 2011 ---------------------------------------------- Dated this the 29th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.269 of 2011 of Thottilpalam Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 02/09/2011, the petitioner was found in possession of 1.4 litres of arrack. The petitioner was arrested on 02/09/2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another abkari offence. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any other offence of similar nature, while on bail in the present case. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.7797/2011 : 2 : 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. 6. 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 satisfaction of the Judicial Magistrate of the First Class, Nadapuram, 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 Appln.No.7797/2011 : 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 skj