IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4878 of 2009() ----------------------------- CMP.3268/2009 of J.M.F.C.,CHANGANACHERRY CRIME NO. 386/2007 OF CHANGANACHERRY POLICE STATION .................... APPLICANT/ACCUSED NO.1 ------------------------------------------ SAFARULLA, AGED 48 YEARS, S/O.MEERAN SAHIB, MANAKULANGARAPPARAMBIL, NEAR I.V.G.M.HOSPITAL, VELLIKUNNAM ROAD, CHALAKKUDY, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, CHANGANACHERRY POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4878 of 2009 ------------------------------------ Dated this the 26th day of August, 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. 386/2007 of Changanacherry Police Station. 2. The offences alleged against the petitioner are under Sections 8 (1) (2) and 55 (a) of the Abkari Act. 3. The prosecution case is that on 20.06.2007, the accused persons, 2 in Nos. were found transporting 500 litres of spirit in a car. On seeing the police party, they ran away. The petitioner was arrested on 07.07.2009 and he is in judicial custody since then. The second accused is not so far arrested. 4. The learned Public Prosecutor submitted that the petitioner is involved in other Abkari offence. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence including Abkari offence, if bail is granted to him. 5. Taking into account the facts and circumstances of B.A. No. 4878 of 2009 2 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. 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, Changanacherry 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 leave the limits of Changanacherry Police Station for a period of 2 months without giving intimation in writing to the investigating officer. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 4878 of 2009 3 F) 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 ln