IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Bail Appl..No. 954 of 2009() --------------------------------------- (CRIME NO.35/2009 OF KANJIKUZHY POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- ANEESH AUGUSTIN,AGED 26,S/O.AUGASTHY, AZHAKATHU HOUSE, THALLAKKANAM KARA,KANJIKUZHY VILLAGE. BY ADV. MR.PRAVEEN K. JOY RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE,KANJIKUZHY POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A. No. 954 OF 2009 -------------------------------------------------- Dated this the 27th day of February, 2009 O R D E R Petitioner is the sole accused in crime 35 of 2009 of Kanjikuzhy police station. The case against the petitioner is that on 14.2.2009 at about 3 p.m. he was found transporting 1.875 litres of illicit arrack in three bottles in a motorcycle along Thallakkanam Kurishu - Keerithodu road and thereby committed offence under section 8(2) of the Abkari Act. Petitioner was arrested on the same day and produced before the Magistrate on 15.2.2009 and since then he is in judicial custody. Though petitioner filed C.M.P. 122 of 2009 before Judicial First Class Magistrate-I, Idukki, it was dismissed. 2. Learned counsel appearing for petitioner submitted that petitioner is not involved in any other offence of this nature and in such circumstances he may be granted bail. Learned Public Prosecutor submitted that there was no previous case against the petitioner. In such circumstances, considering the quantity of the illicit B.A.954/2009 2 liquor seized and the period he has been in custody, petitioner is granted bail on executing a bond for Rs.10,000/- with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate-I, Idukki. Petitioner shall not interfere with the investigation or threaten or influence the witnesses and shall not involve in any offence of this nature. He shall appear before the investigating officer as and when called for by the investigating officer. M. SASIDHARAN NAMBIAR, JUDGE okb