IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1182 of 2010() ----------------------------- CRIME NO.196/2010 OF VATAKARA POLICE STATION .................... PETITIONER/ACCUSED ---------------------------------- VINODAN, S/O.KUMARAN, AGED 40 YEARS, VALIYA VALAPPIL HOUSE, VILLIAPPALLY P.O. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,VATAKARA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1182 of 2010 --------------------------------------------- Dated this the 2nd day of March, 2010 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.196 of 2010 of Vatakara Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules. 3. The prosecution case is that on 12.2.2010, the petitioner was found in possession of 11.8 litres of Indian made foreign liquor in 10 bottles containing 750 ml. and 24 bottles containing 180 ml. It is alleged that the Indian made foreign liquor was intended to be sold only in Union Territory of Pondicherry. The petitioner was arrested on 12.2.2010 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 BA No.1182/2010 2 petitioner. 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, Vatakara 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 csl