IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4553 of 2009 CRIME NO.320 OF 2009 OF MUNDAKAYAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- SHAJI, AGED 40 YEARS, S/O.KARUNAKARAN, THOTTUPURACKAL HOUSE, PULIKKUNNU KARA, ERUMELY VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4553 OF 2009 ------------------------------------------------------ Dated this the 14th 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.320 of 2009 of Mundakayam Police Station. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 1.8.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of two litres of Indian made foreign liquor was seized from the petitioner. The petitioner was arrested on 1.8.2009 and he is in judicial custody since then. 4. Learned counsel for the petitioner submitted that if the petitioner is released on bail, he will not indulge in any prejudicial activity or commit any offence of a similar nature. Learned Public Prosecutor submitted that the petitioner is not involved in any other case. B.A. NO. 4553 OF 2009 :: 2 :: 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 petitioner. 5. 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 – II, Kanjirappally, 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 ahz/