IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 1690 of 2010 CRIME NO.202 OF 2010 OF KULATHUPUZHA POLICE STATION PETITIONER/ACCUSED ---------------------------------- ASHOKAN, S/O.GOPALAN, ASHOKA MANDIRAM, MOONNUMUKKU, CHOZHIYACODU MURI, KULATHUPUZHA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1690 OF 2010 ------------------------------------------------------ Dated this the 23rd day of March, 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.202 of 2010 of Kulathupuzha 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 8.3.2010, a quantity of 10.550 litres of Indian Made Foreign Liquor was found in the shop belonging to the petitioner. The petitioner was arrested on 8.3.2010 and he was remanded to judicial custody. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 1690 OF 2010 :: 2 :: 5. 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 – I, Punalur, 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/