IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5506 of 2009() ----------------------------- CRIME NO.271/2009 OF BEKAL POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED -------------------------------------- VIJAYAN.V., AGED 28 YEARS, S/O. KRISHNAN, RESIDING AT CHOUKKI MAILATY, PANAYAL VILLAGE, HOSDURG TALUK, KASARAGOD DIST. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5506 of 2009 --------------------------------------------- Dated this the 1st day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.271 of 2009 of Bekal Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 8.8.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 6.32 litres of IMFL was seized from the petitioner. He was arrested on the same date. The petitioner is in judicial custody since then. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 24.9.2009. 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 also the fact that the charge was laid in the case, I am of the view that bail can be BA No.5506/2009 2 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, Hosdurg, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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