IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7343 of 2009() ----------------------------- CMC.1488/2009 of ADDL.DISTRICT COURT, KOZHIKODE CRIME NO.534/2009 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE. .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- SHIBU.K.P, AGED 32 YEARS, S/O.BALAN, KATTILPARAMBATH HOUSE, VENGERI AMSOM DESOM, VENGERI POST, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT/ COMPLAINANT/STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7343 of 2009 ------------------------------------ Dated this the 14th 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 accused No.3 in Crime No.534/2009 of Medical College Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 55(a)(b)(h)&(i) and 58 of the Abkari Act. 3. The prosecution case is that on 18/9/2009, the accused persons were found in possession of 263.75 litres of illicit liquor, 405 litres of spirit and 200 litres of mixed illicit liquor. The first accused was arrested on the spot. The petitioner, the 3rd accused moved an application for anticipatory bail. That application was dismissed. Later he surrendered before the court on 10/11/2009 and he was remanded to judicial custody. Only accused Nos. 1 and 3 were arrested in the case. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. B.A. No. 7343/ 2009 2 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamangalam 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 and Thursdays, 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. 7343/ 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. K.T. SANKARAN, JUDGE scm