IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5088 of 2010() ------------------------------------------- (CRIME NO.560/2010 OF KADUTHURUTHY POLICE STATION) PETITIONER: -------------------- BENNY KURIAN, S/O.KURIAN, MATTATHIL HOUSE, VALACHIRA KARA, MUTTUCHIRA VILLAGE,KOTTAYAM DISTRICT. BY ADV. SRI.J.JULIAN XAVIER RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- BA No.5088 of 2010-E ------------------------------------- Dated 27th August 2010 Order This is a petition filed under S.439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is the accused in Crime No.560/10 of Kaduthuruthy Police Station, for having committed the offence punishable under S.55(a) of the Kerala Abkari Act. The Prosecution allegation is that on 01.08.2010 at about 3.25 pm, while the police party was on patrol, they happened to come across the petitioner in possession of 11 bottles of Indian made foreign liquor each containing 500 ml. along with an amount of Rs.2,700/-, in contravention of the provisions of the Abkari Act. The petitioner was taken into custody on 02.08.2010 and since then, he has been in judicial custody. He was produced before the JFM, Vaikom. His application for bail was dismissed. The petitioner, thereafter approached the BA No.5088/10 2 Sessions Court, Kottayam and filed a petition for bail, which was also dismissed. He claims to be innocent and that he has been falsely implicated in the case. At any rate, he points out that his continued custody is not necessary since major part of the investigation is over. He, therefore seek bail. 3. The learned Public Prosecutor opposed the application, pointing out that the investigation is not yet complete. 4. Since the offence is one under the Kerala Abkari Act, major portion of the investigation must have been complete by now. The petitioner is in judicial custody since 01.08.2010. His continued custody seems to be unnecessary. Accordingly, this application is allowed as follows : 1. The petitioner shall be released on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum, each to the satisfaction of BA No.5088/10 3 the JFCM, Vaikom. 2. The petitioner shall report before the Investigating Officer on every Thursday between 10 a.m. And 11 a.m. till final report is laid. 3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN, JUDGE sta BA No.5088/10 4