IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5693 of 2009 CRIME NO.388 OF 2009 OF MANNAR POLICE STATION PETITIONER: ACCUSED: -------------------- JOSEPH ABRAHAM @ JAIN, S/O. ABRAHAM, AGED 38 YEARS, OTTATHENGIL VEEDU, PAVUKKARA P.O., MANNAR, ALAPPUZHA DIST. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5693 OF 2009 ------------------------------------------------------ Dated this the 6th day of October, 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 first accused in Crime No.388 of 2009 of Mannar Police Station. 2. The offences alleged against the accused persons are under Sections 8(1) and (2) and Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 21.9.2009, the accused persons were found in possession of and kept for sale 30.375 litres of Indian Made Foreign Liquor. The petitioner was arrested on the same date and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the charge was laid in the case on 30.9.2009. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. B.A. NO. 5693 OF 2009 :: 2 :: 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 fact that charge was laid, I am of the view that bail can be granted to the petitioner. 6. 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 – I, Chengannur, 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/