IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4461 of 2009 ----------------------------- (CMP.6421/2009 of J.M.F.C.-I,KOTTARAKKARA IN CRIME NO.445 OF 2009 OF EZHUKONE POLICE STATION) .................... PETITIONER/4TH ACCUSED: ------------------------------- VIPIN, S/O. RAJAN, SANTHI BHAVAN, AMMAN NAGAR, KARAKULAM MURI & VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION. BY PUBLIC PROSECUTOR, SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4461 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of 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 accused No.4 in Crime No. 445 of 2009 of the Ezhukone Police Station. 2. The offence alleged against the petitioner is under Section 55 (a)and (i) of the Abkari Act. 3. The prosecution case is that on 24.07.2009 accused Nos.3 and 4 were found in a suspicious circumstance in an autorickshaw. On questioning they could not give satisfactory answers. The police found a sum of Rs.1,70,600/- with the accused. The prosecution case is that this amount is the sale price of huge quantity of arrack, when sale was made to the second accused. It is further alleged that the illicit arrack belonged to the first accused. The petitioner was arrested on 24.07.2009 and he is in judicial custody. 4. Learned counsel for the petitioner submitted that no offence under Section 55 (a)and (i) would be made out in the facts and circumstances of the case, even if all the allegations are taken as true. While disposing of the bail application it is not necessary to consider that question. B.A. No.4461 OF 2009 -:2:- 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 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I,Kottarakkara, 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 ttb B.A. No.4461 OF 2009 -:3:-