IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5819 of 2009() ------------------------------------------ CRIME NO.324/2009 OF VALANCHERI POLICE STATION, MALAPPURAM. .......... APPLICANT (S) /ACCUSED NO.1 ---------------------------- CHANDRAN, S/O.PONNAN, VADAKKEKARA HOUSE, THOZHUVANOOR POST, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 5819 of 2009 ------------------------------------ Dated this the 14th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 324/2009 of Valancheri Police Station, Malappuram. 2. The offence alleged against the petitioner is under Section 55(a) of the Kerala Abkari Act. 3. The prosecution case is that on 14/9/2009, the petitioner was found transporting spirit. A quantity of 2 litres of spirit was seized from the vehicle, which was driven by the petitioner. On a search of his house, a quantity of 46 litres of spirit was seized. The petitioner was arrested on 14/9/2009 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 of similar nature. 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 B.A. No. 5819 / 2009 2 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, Tirur 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 scm