IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1651 of 2010() ------------------------------------------- CRIME NO.172/2010 OF MANJESHWAR POLICE STATION, KASARAGOD PETITIONER/ACCUSED: --------------------------------------- PRABHAKARA, S/O.SHEENAPPA POOJARI, AGED 27 YEARS, SUNNADA HOUSE, CHIPPER, BAYAR GRAMAM. BY ADV. SRI.CIBI THOMAS RESPONDENTS/ COMPLAINANT/STATE: ---------------------------------------------------------- 1. THE SUB INPSECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1651 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 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.172/2010 of Manjeshwar Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 5/3/2010, the petitioner was found transporting 480 bottles of Indian Made Foreign Liquor, each bottle containing 180 ml, in a jeep. The Indian Made Foreign Liquor was licenced to be sold in Karnataka State. The petitioner was arrested on 5/3/2010 and he was remanded to judicial custody. 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. 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 B.A. No. 1651/ 2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each 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 report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on 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 surrender his Passport, if any, before the Judicial Magistrate of the First Class, Kasaragod within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. No. 1651/ 2010 3 F) 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 scm