IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 472 of 2010() -------------------------------------- CRIME NO.24/2010 OF THRIKUNNAPPUZHA POLICE STATION, ALAPPUZHA ......... PETITIONER (S)/ ACCUSED -------------------------- UTHAMAN, AGED 45 YEARS, S/O.KUNJACHAN, PUTHENPARAMBU HOUSE, WARD NO.8, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. MR.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 472 of 2010 ------------------------------------ Dated this the 3rd day of February, 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. 24/2010 of Thrikunnappuzha Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55 (a)(i) of the Abkari Act. 3. The prosecution case is that on 16.01.2010, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 10 litres of I.M.F.L was seized from the possession of the petitioner. He was arrested on 16.01.2010. The petitioner is in judicial custody since then. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. No. 472 of 2010 2 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Harippad 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 ln