IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5405 of 2009() --------------------------------------- CMP.4862/2009 of J.M.F.C.-I,KOYILANDY CRIME NO.459/2009 OF KOYILANDY POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED: -------------------------------------- SUDHEER, S/O. KELAPPAN, AGED 36 YEARS, OROKKUNNUMALAYIL NADUVATHUR, KEESHARIYOOR, KOYILANDY TALUK,KOZHIKODE DIST. BY ADV. SRI.P.R.SREEJITH RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5405 of 2009 ------------------------------------ Dated this the 24th 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 accused in Crime No. 459/2009 of Koyilandy 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 13/8/2009, the accused was found in possession of 1.750 litres of arrack. The petitioner was arrested on 15/8/2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in several other cases of a similar nature. An order of detention was passed under the Kerala Anti Social Activities (Prevention) Act and he is undergoing detention. The learned counsel for the petitioner submitted that at the instance of the brother in law of the petitioner, Crime No.565/2009 was registered against the police personnel and the present case is foisted against the petitioner to wreak vengeance B.A. No. 5405/2009 2 on him. For the purpose of disposing of this Bail Application, it is not necessary to consider all these aspects. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each 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. B.A. No. 5405/2009 3 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. The petitioner shall be released from jail only if his detention is not required in connection with any other case. K.T. SANKARAN, JUDGE scm