IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Bail Appl..No. 875 of 2010() ---------------------------- CRIME NO.61/10 OF KOIPURAM POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------- MANOJ KUMAR, AGED 38 YEARS, S/O.KAMALASANAN, KOLLASSERIL VEEDU, ERUMELI, NOW RESIDING AT KATTATHANIL PUTHEN VEEDU, PLANKAMON, VELLIYARA MURI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.875 of 2010 --------------------------------------------- Dated this the 17th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.61 of 2010 of Koipuram Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 25.1.2010, the petitioner was found engaged in the sale of spirit mixed with water. A quantity of 1½ litres of spirit mixed with water was seized from the possession of the petitioner. The petitioner was arrested on 25.1.2010. He was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that after the arrest of the petitioner in the present case, he was implicated in another case in respect of an incident alleged to have taken place on a date earlier in point of time. 5. The learned Public Prosecutor has not received instructions. 6. It is submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence of similar BA No.875/2010 2 nature while on bail in the present case. This undertaking is recorded. 7. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 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-II, Pathanamthitta, 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 csl