IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9792 of 2011() ----------------------------- CRIME NO.683/2011 OF KASABA POLICE STATION, KOZHIKODE .................... PETITIONER (S): ACCUSED ------------------------------- SHAMEER,S/O.BASHEER,AGED 30 YEARS, CHAPPAYIL VEEDU, CHOMBALA,VADAKARA, KOZHIKODE. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): COMPLAINANT ------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE KASABA POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9792 of 2011 --------------------------- Dated this the 8th day of December, 2011 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.683 of 2011 of Kasaba Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 1.11.2011, the petitioner was found transporting 264 bottles of Indian made foreign liquor in an Indica car. Out of the 264 bottles, 114 bottles contained 750 ml., 78 bottles contained 500 ml. and 72 bottles contained 375 ml. of Indian made foreign liquor. The IMFL was intended for sale only in Pondicherry. 4. The petitioner was arrested on 1.11.2011 and he BA 9792/11 2 was remanded to judicial custody. 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. 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-III, Kozhikode, 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; BA 9792/11 3 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 csl