IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 6024 of 2009() ------------------------------------- CMP.7133/2009 of J.M.F.C., SASTHAMCOTTA CRIME NO. 384/2009 OF CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/ACCUSED: ---------------------------------- ANTONY, S/O. XAVIOUR, S/O. VESUDEVAN PILLAI, KORANDIPPALLY KODIYIL VEEDU, KOIVILA MURI, THAVAKKARA VILLAGE, KUNNATHUR TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T. SANKARAN, J. --------------------------- B.A. No. 6024 of 2009 ------------------------------------ Dated this the 19th 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 the accused in Crime No. 384 of 2009 of Chavara Thekkumbhagam Police Station, Kollam. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 7/10/2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4.12 litres of Indian made foreign liquor was seized from him. The petitioner was arrested on 7/10/2009 and he was produced before the court on 8/10/2009. The petitioner is in judicial custody since then. 4. The learned counsel for the petitioner submitted that the petitioner is aged 71 years and that he is not involved in any other offence of a similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6024/ 2009 2 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all alternate 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