IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Bail Appl..No. 191 of 2010 CRIME NO.399 OF 2009 OF ELATHUR POLICE STATION, KOZHIKODE PETITIONER/ACCUSED: --------------------------------------- SREENIVASAN, S/O.KARUNAKARAN, AGED 53 YEARS, MUTTOLI HOUSE, V.K.ROAD, ANDIKKOD, TAHAKULATHUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 191 OF 2010 ------------------------------------------------------ Dated this the 19th day of January, 2010 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.399 of 2009 of Elathur Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 30.12.2009, the petitioner was found in possession of five litres of Indian Made Foreign Liquor, intended for sale. The petitioner was arrested on 30.12.2009 and he is in judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the B.A. NO. 191 OF 2010 :: 2 :: 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koyilandy, 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 ahz/