IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5961 of 2009() ----------------------------- CRIME NO.18/2009 OF THALASSERY POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ PAVITHRAN V.P S/O.GOVINDAN, AGED 46 YEARS SANTHOSH VILLA, AZHIYOOR, NEAR VENUGOPALA TEMPLE BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): --------------- 1. STATE RERPESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CR.NO.18/09 THALASSERY POLICE STATION THALASSERY, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5961 of 2009 --------------------------------------------- Dated this the 16th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.18 of 2009 of Thalassery 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 15.1.2009, the petitioner transported a quantity of 209 litres of Indian made foreign liquor in an autorickshaw. The autorickshaw met with an accident and capsized. The petitioner was arrested on 18.9.2009 and he was remanded to judicial custody. Charge was laid in the case on 30.9.2009. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 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 BA No.5961/2009 2 laid in the case, 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, Thalassery, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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