IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4880 of 2009() -------------------------------------- CRIME NO.114/2009 OF BADIADKA POLICE STATION, KASARAGOD. PETITIONER/ ACCUSED: ---------------------------------------- HARIKRISHNA, S/O.SHANKARA PATALI, AGED 27 YEARS, DEVIKRIPA, NAIKAP, KOIPADI GRAMAM, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4880 of 2009 ------------------------------------ Dated this the 28th day of August, 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. 114/2009 of Badiadka Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 15/6/2009, while driving in an Autorikshaw, the petitioner met with an accident and he was hospitalized. It was found that 41 bottles of Indian made foreign liquor, having a total quantity of 30.75 litres were available in the Autorikshaw. The petitioner surrendered before the police on 3/8/2009 and he was remanded to judicial custody. 4. It is submitted that the petitioner is not involved in any other cases. 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 present stage of investigation, I am of the view that bail can be granted to the B.A. No. 4880/2009 2 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each 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 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 scm