IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 513 of 2010() ---------------------------- CMP.307/2010 of J.M.F.C., NEDUMKANDOM CRIME NO. 16/2010 OF KAMBAMMETTU POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- JOSEPH @ PARIYAR MOHANAN, AGE 54 YEARS, S/O. ANTONY, PADINJATTE VEEDU, ACHAKKADA BHAGOM, KAMBAMMETTU KARA, KARUNAPURAM VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE : ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 16 OF 2010 OF KAMBAMMETTU POLICE STATION.) BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 513 of 2010 ------------------------------------ Dated this the 4th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 16/2010 of Kambammettu Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 19.01.2010, the petitioner was found transporting Indian Made Foreign Liquor in an autorickshaw. A quantity of 6.75 litres of I.M.F.L was seized from the possession of the petitioner. The petitioner was arrested on 19.01.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 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 petitioner. B.A. No. 513 of 2010 2 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandam 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 ln