IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5059 of 2009 CRIME NO.152 OF 2009 OF PERUVANTHANAM POLICE STATION : PETITIONER/3RD ACCUSED. ------------------------------------------- BENNY, S/O.JOSEPH, AGED 20 YEARS, PUTHENTHARAIL VEETTIL, MEETNA BHAGAM, OTTAPALAM VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT:COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, PERUVANTHANAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5059 OF 2009 ------------------------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.152 of 2009 of Peruvanthanam Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a) and (h) of the Abkari Act. 3. The prosecution case is that on 22.8.2009, accused Nos.1 and 2 were found in possession of 23 litres of Indian Made Foreign Liquor. On further investigation, it was revealed that the third accused brought the Indian Made Foreign Liquor from Mangalore. The petitioner was arrested on 23.8.2009 and he was remanded to judicial custody. 4. 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. 5059 OF 2009 :: 2 :: 5. 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 - II, Peermade, 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 ahz/