IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 944 of 2010() -------------------------------------- CRIME NO.1/2010 OF ADOOR POLICE STATION, PATHANAMTHITTA DIST. ........... PETITIONER / ACCUSED NO.1 ------------------------------ VINOD, AGED 34 YEARS, S/O.SIVANKUTTY VINOD BHAVANAM VEEDU, PULLIPPARA PAZHAKULAM EAST MURI, PALLICKAL VILLAGE. BY ADV. MR.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ADOOR POLICE STATION PATHANAMTHITTA DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 944 of 2010 ------------------------------------ Dated this the 18th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 1/2010 of Adoor Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 55(a)(i), 57-A and 58-A of the Abkari Act. 3. The prosecution case is that on 01.01.2010, a quantity of 1610 litres of spirit and 220 litres of toddy mixed with spirit was seized from the residence of the petitioner. The prosecution alleges that accused No.1 had kept these contraband articles as directed by accused No.2. The petitioner was arrested on 01.01.2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that accused No.2, Udayan, was arrested subsequently and he was granted bail by this court. 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. 944 of 2010 2 investigation, 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.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor 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 ln