IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4580 of 2009() -------------------------------------- CMP.5438/2009 of J.M.F.C.-I, PUNALUR CRIME NO. 304/2009 OF KULATHUPUZHA POLICE STATION .................... PETITIONER/2ND ACCUSED : ------------------------------------------ AJAYAKUMAR @ UNNI, S/O. ARJUNAN, POOVANATHUM MOODE VEEDU, NEAR 50 ACRE PALLY, KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE. BY ADVS. SRI. K. SIJU & SRI.A.MUHAMMED RAFFI RESPONDENT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4580 of 2009 ------------------------------------ Dated this the 19th 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.2 in Crime No. 304/2009 of Kulathupuzha Police Station. 2. The offence alleged against the petitioner is under Section 55 (a) (i) of the Abkari Act. 3. The prosecution case is that on 1.08.2009, a quantity of 38.40 litres of Indian made foreign liquor kept for sale was seized from the toilet in the ground floor of a four storied building. The first accused is running a hotel in the ground floor. It is stated that the third accused is the owner of the building and the second accused is the Manager. 4. The learned counsel for the petitioner submitted that the place from where Indian made foreign liquor was seized, was rented out to the first accused by the landlord as per Annexure 2 rent deed dated 24.04.2009 and therefore, the petitioner has no connection with the alleged storage of the Indian made foreign liquor for sale in the ground floor of the building. It is also B.A. No. 4580 of 2009 2 pointed out that there is no case that the second accused was found engaged in the sale of Indian made foreign liquor. 5. The petitioner was arrested on 01.08.2009 and he is in judicial custody. For the purpose of disposing of this Bail Application, it is not necessary to arrive at a finding on the respective contentions of the accused as well as the prosecution, as it would cause prejudice either to the prosecution or to the defence. The petitioner is in judicial custody since 01.08.2009. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Punalur 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.A. No. 4580 of 2009 3 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 ln