IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7140 of 2011() ----------------------------- CMP.9056/2011 of J.M.F.C.-III, PUNALUR .................... PETITIONER/ACCUSED NO.2: -------------------------------------------- BIJU, S/O.JOHN, CHIRAKONATHUVEEDU, NEAR CSI DEAF SCHOOL, VALAKOM MURI VILLAGE. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT/ COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7140 of 2011 ---------------------------------------- Dated this the 5th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 905 of 2011 of Kunnikkode Police Station. . 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 16.8.2011, the accused persons were found transporting a quantity of 30 liters of Indian made foreign liquor in an autorikshaw. It is alleged that the Indian made foreign liquor was intended for sale. The first accused ran away from the spot. The second accused was arrested on 16.8.2011 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is an autorikshaw driver and his autorikshaw was hired by accused No.1 5. 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 B.A.No.7140 of 2011 2 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs. 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, Punalur , 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 rkc