IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4342 of 2009 CRIME NO.726 OF 2009 OF KARUNAGAPALLY POLICE STATION, KOLLAM CRMP.9171/2009 of J.M.F.C. - I, KARUNAGAPPALLY PETITIONER/ACCUSED -------------------------------------- SASANKAN, S/O.DIVAKARAN, PATTAKANDATHIL HOUSE, MUZHANGODI MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4342 OF 2009 ------------------------------------------------------ Dated this the 27th 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 Crime No.726 of 2009 of Karunagapally 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 23.7.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of four litres of Indian made foreign liquor was seized. The petitioner was arrested on 23.7.2009 itself. He is in judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in ten other cases. Learned counsel for the petitioner submitted that if the petitioner is released on bail, the petitioner undertakes that he will not commit any offence of a similar nature or B.A. NO. 4342 OF 2009 :: 2 :: involve in any prejudicial activity and that the bail can be granted on such conditions. It is submitted that the petitioner is prepared to comply with any condition that may be imposed by this Court. 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 on stringent conditions. 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, Karunagapally, 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 and Thursdays, 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; B.A. NO. 4342 OF 2009 :: 3 :: 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/