IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4909 of 2009() ----------------------------- C.R.NO.493 OF 2009 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONER/ACCUSED -------------------------------------- KANNOTH BABU, S/O.BALAN, AGED 48 YEARS, PARASSINIKKADAVU, ANTHOOR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: COMPLAINANT -------------------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT, (CR.NO.493/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4909 OF 2009 ------------------------------------------------------ Dated this the 28th 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 C.R No.493 of 2009 of Taliparamba Police Station. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 17.8.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1.325 litres of Indian made foreign liquor was seized from the petitioner. The petitioner was arrested on the same date and he was remanded to judicial custody on 18.8.2009. 4. It is submitted by the learned Public Prosecutor that the petitioner is not involved in any other case. 5. Taking into account the facts and circumstances of the B.A. NO. 4909 OF 2009 :: 2 :: 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. 6. 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, Taliparamba, 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/