IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4778 of 2009() ---------------------------------------- CMP.3719/2009 of J.M.F.C.-I,HOSDRUG CRIME NO.522/2009 OF HOSDURG POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED NOS.1 TO 3: --------------------------------------------------- 1. SATHEESAN.P.K., S/O.KORAN, AGED 32/09, POOJA HOUSE, CHEROOR, CHENKALA GRAMAM. 2. ABDUL LATHEEF A., S/O.ABDUL SHUKUR, AGED 23/09, FATHIMA MANZIL, KATTIPPARA, AMBALATHARA. 3. PRABHAKARAN T.K. @ PRABHA, S/O.ACHU VELICHAPPATAN, VELLIGE HOUSE, KARADUKA, KARADUKA GRAMAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4778 of 2009 ------------------------------------ Dated this the 27th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused in Crime No.522/2009 of Hosdurg Police Station, Kasaragod. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 2/8/2009, the accused persons were found in possession a quantity of 208.8 litres of Indian made foreign liquor near Kanhangad railway station platform. The accused persons were arrested on the spot. They were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the B.A. No.4778 /2009 2 Judicial Magistrate of the First Class-I, Hosdurg subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not leave the limits of Hosdurg Police Station for a period of one month without giving prior intimation in writing to the Station House Officer of the Hosdurg Police Station. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. 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