IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7389 of 2009 CRIME NO.860 OF 2009 OF VIZHINJAM POLICE STATION PEITIONER/ACCUSED ------------------------------------- VINCENT, S/O.MICHEAL ADIMA, PALLITHURA PURAYIDOM, VIZHINJAM DESOM, VIZHINJAM VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, VIZHINJAM POLICE STATION THIRUVANANTHAPRUAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7389 OF 2009 ------------------------------------------------------ Dated this the 21st day of December, 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 accused in Crime No.860 of 2009 of Vizhinjam Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 27.11.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 7.7 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 27.11.2009 itself and he is in judicial custody since then. 4. It is submitted 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. 7389 OF 2009 :: 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-II, Neyyattinkara, 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/