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. 538 of 2010() ---------------------------- CRIME NO.21/2010 OF THIRUVALLAM POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- SUDHEESHKUMAR @ SAMBHU, S/O.SUKUMARAN, PAPPAMCHANI KUZHIVILA SAJI BHAVAN, THIRUVALLAM DESOM, THIRUVALLAM VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED VIA. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR 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.538 of 2010 --------------------------------------------- Dated this the 4th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.21 of 2010 of Thiruvallam 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 9.1.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 2.25 litres of Indian made foreign liquor was seized from the possession of the petitioner. He was arrested on the same date. He is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other abkari cases of Thiruvallam Police Station, two cases registered in 1999 and one case registered in 2008. It is also submitted that the petitioner is involved in other cases registered by Nemom Excise Range. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is BA No.538/2010 2 recorded. 6. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, 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 for a period of two months and thereafter 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 csl