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. 2553 of 2010() ----------------------------- CMP.1273/2010 of J.M.F.C.-II, PEERUMEDU CRIME NO. 90/2010 OF VANDIPERIYAR POLICE STATION, IDUKKI DISTRICT. PETITIONER (S): ACCUSED:- -------------------- RAJENDRAN, S/O. SHIHAMANI, VALARDI ESTATE, IIND DIVISION, LAYAM VALARDI KARA, PERIYAR VILLAGE. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, VANDIPERIYAR, IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. C.S. HRITHIK 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. 2553 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the sole accused in Crime No. 90/2010 of Vandiperiyar Police Station, Idukki District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on April 14, 2010 at about 11.30 A.M. the petitioner/accused was found in possession of 750 ml. of Indian Made Foreign Liquor at his layam room, situated at Vandiperiyar Panchayat for sale and thereby committed an offence punishable under section 55(i) of the Abkari Act. 3. The petitioner was arrested on the spot and was remanded to judicial custody. Bail application filed by the petitioner before the Judicial Magistrate of the I Class-II, Peermade was rejected by order dated April 19,2 010, a copy of which is produced along with this application. 4. In this application it is stated that the petitioner is innocent of the offence alleged against him and that the BA 2553/10 2 allegation against him is that he was found in possession only 750 ml. of Indian Made Foreign Liquor, which does not constitute an offence punishable under section 55(i) of the Abkari Act. 5. Heard learned counsel for the appellant and the learned Public Prosecutor. 6. The quantity of the Indian Made Foreign Liquor involved in this case is only 750 ml. The permissible quantity of Indian Made Foreign Liquor that can be possessed by a person, as provided under Government Notification S.R.O. No.127 of 1999, is three litres. The allegation is that he was keeping the same for sale, which has to be proved by adducing evidence at the time of trial. In the application it is stated that he is the sole breadwinner of his family. Therefore, I feel that the petitioner can be released on bail but subject to conditions. 7. In the result, this application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each BA 2553/10 3 to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall report before the Investigating Officer as and when required. 2) The petitioner shall not commit any offence similar in nature while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the trial court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancell his bail. The Bail Application is allowed as above. P.Q. BARKATH ALI, JUDGE. mn