IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1023 of 2010() ---------------------------------- CMP.680/2010 of J.M.F.C., HARIPAD CRIME NO. 107/2010 OF HARIPAD POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- SHAHUL HAMEED, @ RAJAN, S/O. UMMERKUTTY, THOTAMKARA VEEDU, WARD NO.VI, KARUVATTA PANCHAYATH, KARUVATTA VADAKKUM MURI, KARUVATTA VILLGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT : ------------------------------------ THE STATE OF KERALA, REPRESNTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1023 of 2010 ------------------------------------ Dated this the 23rd 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 accused No.1 in Crime No. 107/2010 of Haripad Police Station. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 03.02.2010, accused Nos. 1 and 2 were found transporting 350 ml of arrack in an autorickshaw driven by accused No.3. The petitioner was arrested on 06.02.2010 and he was remanded to judicial custody. 4. As per the order dated 19.02.2010 in Bail Application No. 943/2010, bail was granted to accused Nos. 2 and 3. 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. 1023 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, Haripad 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