IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5310 of 2011() ------------------------------------------ (CRIME NO.584/11 OF KUNNAMKULAM POLICE STATION,THRISSUR DISTRICT) ... PETITIONER/ACCUSED: -------------------------------------- SAJU ANTONY, S/O.ANTONY, AGED 39 YEARS, KANDATHIL HOUSE, VILANGAD P.O., KOZHIKODE DISTRICT, MAHI. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI.V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5310 OF 2011 --------------------------------- Dated this the 7th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.584 of 2011 of the Kunnamkulam Police Station. 2.The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3.The prosecution case is that on 12.5.2011, accused Nos.2 and 3, who were travelling in a qualis car, were directed by the police to stop the vehicle. They did not stop. The police chased them. The car met with an accident. Accused Nos. 2 and 3 ran away. 179 bottles of Indian made foreign liquor were found in the qualis car. Investigation revealed that accused Nos. 2 and 3 were transporting the Indian made foreign liquor as per the direction of the first accused. The Indian made foreign liquor was intended for use only in the Union Territory of Pondicherry. 4. The petitioner was arrested on 28.5.2011 and he B.A.No.5310 OF 2011 2 was remanded to judicial custody. 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.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamkulam, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday 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. B.A.No.5310 OF 2011 3 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 cms