IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7199 of 2009 CRIME NO.144 OF 2009 OF BEDAKAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED. --------------------------------------- PURUSHOTHAMAN, AGED 47 YEARS, S/O.LATE KOTTAN, MUNDEMPALLAM, KARAKKAYADUKKAM, KOLATHUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT: STATE. -------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUROT SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7199 OF 2009 ------------------------------------------------------ Dated this the 8th day of December, 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 accused in Crime No.144 of 2009 of Bedakam Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 13.11.2009, the petitioner was found in possession of 12 litres of Wash. The petitioner was arrested on the same date. The petitioner was remanded to judicial custody on 14.11.2009. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Learned Public Prosecutor submitted that, after completing the investigation, charge was laid in the case on 30.11.2009. B.A. NO. 7199 OF 2009 :: 2 :: 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 the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/