IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2532 of 2010() ----------------------------- CRIME No.355/2010 OF PATHANAPURAM POLICE STATION CRMP.3819/2010 of J.M.F.C.-III, PUNALUR .................... PETITIONER/ACCUSED ------------------------------ RAJEEV, S/O.RAVEENDRAN, AGED 37 YEARS, CHEMBRAMON PUTHENVEEDU, CHEMBRAMON MURI, PUNNALA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT:COMPLAINANT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.355/2010 OF PATHANAPURAM POLICE STATION). PUBLIC PROSECUTOR SHRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. -------------------------------------- B.A.No.2532 of 2010 -------------------------------------- Dated this the 23rd day of April, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure filed by the accused in Crime No.355/2010 of Pathanapuram Police Station. 2. The allegation against the petitioner is that on 15/4/2010 at about 16.55 hrs, he was found engaged in the sale of Indian Made Foreign Liquor and was found in possession of 3.8 liters of Indian Made Foreign Liquor along with a glass and Rs.120/- near Pathanapuram and that thereby committed the offences punishable under section 55(a) and (i) of the Abkari Act. He was arrested on the spot and he is in remand thereafter. The Judicial Magistrate of the First Class-III, Punaloor dismissed the Bail Application filed by the petitioner. 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that he is not involved in any other case and that he is prepared to abide by any conditions that may be imposed by this Court. B.A.No.2532 of 2010 2 4. Notice given to Public Prosecutor. Petition is opposed by the Public Prosecutor. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. For the following reasons, I am inclined to grant bail to the petitioner. The petitioner was in remand from 15.4.2010 onwards. He was found in possession of 3.8 liters of Indian Made Foreign Liquor. A person can possess 3 liters of Indian Made Foreign Liquor for his own use as per the notification issued by the Government. The learned Public Prosecutor submits that the investigation is almost over. Taking into account the above facts and in the circumstances of the case, I am of the view bail can be granted to the petitioner. 6. Thus, the application is allowed. The petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the Judicial Magistrate of the First Class-III, Punalur on the following conditions:- B.A.No.2532 of 2010 3 A) The petitioner shall appear before the Investigating Officer as and when ordered. B) The petitioner shall not commit any similar offence while on bail. C) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. D) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. P.Q. BARKATH ALI, JUDGE skj