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. 5381 of 2009() --------------------------------------------- CMP.3150/2009 of J.M.F.C.,KASARAGOD CRIME NO.211/2005 OF MANJESHWAR POLICE STATION, KASARAGOD. .................... PETITIONER/ACCUSED: -------------------------------------- A.K.VINOD KUMAR,AGED 36 YEARS, S/O.LATE DAMODHARAN,MADHAVI SADAN,THERUVATH, NADAL,KUTTIKKAKAM,EDAKKAD VILLAGE,KANNUR DIST. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT/ COMPLAINANT: --------------------------------------------- 1. SUB INSPECTOR OF POLICE,MANJESHWAR POLICE STATION,KASARAGODE DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSCUTOR. 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. 5381 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. 211/2005 of Manjeshwar Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 8(2) of the Abkari Act. 3. The prosecution case is that during the investigation of another crime, a Maruti car was found parked on the side of the road. On inspection, it was found 6000 packets containing 100ml each of arrack intended for sale in Karnataka State were kept concealed inside the car. The car was taken into custody. On further investigation, it was revealed that registration number exhibited on the vehicle was fake. On investigation, it was found that the petitioner is the owner of the vehicle. The petitioner was directed to appear before the police. He did not do so. Later, the petitioner was arrested on 6/9/2009 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 5381/2009 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. 5. 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-I, Kasaragod 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