IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 282 of 2010 CRIME NO.5 OF 2010 OF CUMBUMMETTU POLICE STATION, IDUKKI DISTRICT PETITIONER/ACCUSED -------------------------------------- MARKOSE @ KUNJUMON, AGED 67 YEARS, S/O.THOMAS, PANTHANANIL VEEDU, CUMBUMMETTU KARA, KARUNAPURAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 282 OF 2010 ------------------------------------------------------ Dated this the 22nd day of January, 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.5 of 2010 of Cumbummettu Police Station, Idukki District. 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 8.1.2010, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 500 ml of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 8.1.2010 and he is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in four abkari cases till the year 2008 and in one of those cases, he was convicted by the trial court. The appeal filed by the petitioner is pending, in which, the execution of the sentence is suspended. B.A. NO. 282 OF 2010 :: 2 :: 5. The learned counsel for the petitioner submitted that the petitioner is an alcoholic and the Indian Made Foreign Liquor was kept for his own use. He also submitted that the Indian Made Foreign Liquor was purchased from the outlet of the Beverages Corporation. In this Bail Application, it is not necessary to arrive at any conclusion on the point raised by the learned counsel for the petitioner. 6. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any condition that may be imposed by this Court. The learned counsel also submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 7. 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. B.A. NO. 282 OF 2010 :: 3 :: 6. 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, Nedumkandom, 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 and Thursdays, 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/