IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4317 of 2009 CRIME NO.246 OF 2009 OF THRIKODITHANAM POLICE STATION CRMP.339/2009 of J.M.F.C.,CHANGANACHERRY PETITIONER: ACCUSED: -------------------- JIJO JOSEPH, S/O.JOSEPH, MULLANKUZHI VEEDU, PALAMATTOM BHAGOM, KURUMBANADOM KARA, MADAPPALLY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT: COMPLAINANT: --------------- THE SUB INSPECTOR OF POLICE, THRIKODITHANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JIKKU GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4317 OF 2009 ------------------------------------------------------ Dated this the 6th August, 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.246 of 2009 of Thrikodithanam Police Station. 2. The offence alleged against the petitioner is under Section 55(a) and (b) of the Abkari Act. 3. The prosecution case is that on 21.7.2009, the petitioner was found transporting nine litres of Indian made foreign liquor. He was arrested on 22.7.2009. The petitioner 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. 4317 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 – I, Changanasserry, 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/