IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 5150 of 2009() ----------------------------- CRIME NO.722/2009 OF PANDALAM POLICE STATION .................... PETITIONER (S): ACCUSED: ---------------------------- BALAKRISHNANUNNITHAN, AGED 49 YEARS, S/O.KUTTAPPAKURUP, TACHILETHU VEETTIL, MALLIKA MURI, PANDALAM THEKKEKARA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5150 of 2009 --------------------------------------------- Dated this the 14th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.722 of 2009 of Pandalam Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 22.8.2009, the petitioner was found transporting 10 litres of Indian made foreign liquor. He was arrested on 22.8.2009 and he was produced before the learned Magistrate on 23.8.2009. The petitioner was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is not involved in any other offence of a 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 investigation, I am of the view that bail can be granted to the BA No.5150/2009 2 petitioner. 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, 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 csl