IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7907 of 2011() ----------------------------- CMP.4565/2011 of J.M.F.C.,KUNNAMANGALAM CRIME NO. 329/2011 OF MEDICAL COLLEGE POLICE STATION KOZHIKODE DISTRICT .................... PETITIONER/ACCUSED : ---------------------- SHAMSEER, S/O.BASHEER, AGED 30 YEARS, CHAPPAYIL VEEDU, CHOMBALA, NOW RESIDING AT NARAYANAN PARAMBA, VAIRAGYAM PARAMBA DESOM, KANNUR DISTRICT. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE, PIN 689001. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7907 of 2011 ---------------------------------------------- Dated this the 03rd day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.329 of 2011 of Medical College Police Station, Kozhikode 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 10/05/2011, the petitioner was found transporting 36 bottles of Indian Made Foreign Liquor, each bottle containing 750 ml. and another set of 36 bottles of Indian Made Foreign Liquor, each bottle containing 500 ml. 4. The petitioner was arrested on 01/09/2011 and he was remanded to judicial custody. 5. The learned Public Prosecutor submitted that the charge sheet was filed in the case. 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. Bail Appln.No.7907/2011 : 2 : 7. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamangalam, subject to the following conditions:- A). The petitioner shall report before the Station House Officer, Medical College Police Station, Kozhikode on alternate Mondays, till the trial of the case is over or until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 skj