IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2500 of 2009() ----------------------------- CRMP.1738/2009 of J.M.F.C.-III, PUNALUR CRIME NO.293/09 OF PATHANAPURAM POLICE STATION PETITIONER ------------------------------ SIVADASAN ACHARY, AGED 56, S/O.NARAYANAN ACHARY, SURESH BHAVAN, NEAR THANGAMAMMADAM TEMPLE, ERATHUVADAKKU MURI, PATTAZHI VADAKKEKKARA VILLAGE. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2500 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R This is an application filed under Section 439 of the Code of Criminal Procedure. 2. Petitioner is the accused in Crime No.293 of 2009 of Pathanamthitta Police Station registered under Section 55(a) of the Abkari Act. The allegation is that he was found in possession of 7.875 litres of Indian made foreign liquor. He was arrested on 25.4.2009 and since then he is in judicial custody. 3. I have heard the learned Public Prosecutor. 4. Considering the quantity of Indian made foreign liquor involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 5. Accordingly, this petition is allowed subject to the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court-III, Punalur. BA.2500/09 2 ii) Petitioner shall report before the investigating officer on all Mondays between 10 am and 11 am till the final report is filed. iii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. Petition is allowed. C.T.RAVIKUMAR, JUDGE vgs.