IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5813 of 2009 CRIME NO.667 OF 2009 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- GANGADHARAN K.V.,S/O.CHOYEE AMBU, AGED 47 YEARS,RESIDING AT KOONIKKUNNU HOUSE, NEAR THEKKIL U.P.SCHOOL,THEKKIL FERRY, THEKKIL GRAMAM. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5813 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.667 of 2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 19.9.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 7.29 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on the same date and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that charge was laid in the case on 30.9.2009. B.A. NO. 5813 OF 2009 :: 2 :: 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Kasaragod Police Station between 9 A.M. and 11 A.M. on all Mondays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/