IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5264 of 2009 CRIME NO.481 OF 2009 OF KAYAMKULAM POLICE STATION PETITIONER: 2ND ACCUSED: ------------------------------ BOSE @ UNNI AGED 26 YEARS, S/O.SUGATHAN PARUTHIPPALLIL VEEDU, SOUTHERN SIDE OF PALKULANGARA TEMPLE, WARD NO. 9, KOLLAM CORPORAPTION. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT: COMPLAINANT: --------------- THE DEPUTY SUPERINTENDENT OF POLICE NARCOTIC CELL, ALAPPUZHA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5264 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 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 second accused in Crime No.481 of 2009 of Kayamkulam Police Station. 2. The offence alleged against the accused persons is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 18.6.2009, accused Nos.2 and 3 were found transporting 700 litres of spirit in an Innova car. The other accused persons are also involved in the offence. The petitioner was arrested on 14.8.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case. It is also pointed out that accused Nos.4 to 9 were granted bail. Learned Public Prosecutor submitted that some of the accused persons are yet to be arrested. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of B.A. NO. 5264 OF 2009 :: 2 :: 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, Kayamkulam, 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; 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/