IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7410 of 2009() ----------------------------- CRIME NO.165/09 OF THIRUVAMBADY POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- KUNHIKANARAN,S/O.NARAYANAN, AGED 65 YEARS,NAMBIDIKANDITHAZHATH HOUSE, NOW RESIDING AT KOODERANHI AMSOM, PEEDIKAPPRA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,THIRUVAMBADY POLICE STATION, KOZHIKODE DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7410 OF 2009 ------------------------------------------------------ Dated this the 17th 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 the accused in Crime No.165 of 2009 of Thiruvambady Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 27.11.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 4.625 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 27.11.2009 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 B.A. NO. 7410 OF 2009 :: 2 :: 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. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Thamarassery, 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 ahz/