IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5407 of 2009() ----------------------------------------- CMP.7027/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.310/2009 OF BALARAMAPURAM POLICE STATION. .................... PETITIONER/3RD ACCUSED: ------------------------------------------ RAJESH,AGED 21 YEARS, S/O. MURALI, CHARIVUTHATTUPUTHEN VEEDU, KALLUVILA,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS/ COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE NARCOTIC CELL, THIRUVANANTHAPURAM RURAL. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5407 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 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.3 in Crime No. 310/2009 of Balaramapuram 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 25/6/2009, accused Nos. 1 and 2 were found transporting 560 litres of spirit in a Tata Sumo Car belonging to the 3rd accused. The petitioner was arrested on 18/8/2009 and he was remanded to judicial custody. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 5407/2009 2 Class-III, Neyyattinkara 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 and Thursdays, 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 scm