IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Bail Appl..No. 4770 of 2009() ------------------------------------------ (CR.NO.141/2009 OF CHOMBALA POLICE STATION,KOZHIKODE) PETITIONER: -------------------- SAJU ANTONY,S/O.ANTONY,KANDATHIL HOUSE, MALAYANGAD-VILANGAD.P.O. BY ADV. MR.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.4770 OF 2009 ------------------------------------------ Dated 25th August 2009 O R D E R Petitioner was arrested and 24 bottles each containing 180 ml. and 10 bottles each containing 375 ml. of Indian made foreign liquor were seized on 3/8/2009. Since then he has been in custody. Crime 141/2009 of Chombala police station was registered for the offence under Section 55(a) of Kerala Abkari Act and Rule 9 of Foreign Liquor Rules. His application for bail was rejected by the learned Magistrate. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for petitioner submitted that considering the quantity of liquor seized and the period of detention, he may be granted bail as he was not involved in any other case earlier. Learned Public Prosecutor submitted that no other case of this nature was reported as against petitioner earlier to this incident. BA 4770/09 2 4. Considering the quantity of Indian made foreign liquor seized and the period of detention and the fact that he was not involved in any other case of this nature earlier, petitioner could be granted bail on sufficient conditions. 5. Petitioner shall be released on bail on executing bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate, Vatakara on the following conditions. 1) Petitioner shall appear before the investigating officer on every Monday and Friday between 10 and 12 a.m for two months and thereafter as and when directed by the investigating officer. 2) Petitioner shall not induce, threaten or influence any witness from revealing the facts known to him to the investigating officer and shall not in any way interfere with the investigation. 3) Petitioner shall not leave the State without previous permission of the Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. BA 4770/09 3 uj.