IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6560 of 2009() ------------------------------------ CRIME NO. 152/2009 OF PERUVANTHANAM POLICE STATION ............................ PETITIONER/4TH ACCUSED: ------------------------------------------- SEBASTIAN @ JOY, S/O.THOMAS, KANNAMKULAM HOUSE, MUNDAKAYAM, PEERMADE, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT/COMPLAINANT: --------------------------------------------- THE SUB INSPECTOR OF POLICE, PERUVANTHANAM POLICE STATION, IDUKKI 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 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6560 of 2009 ------------------------------------ Dated this the 23rd day of November, 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.4 in Crime No. 152/2009 of Peruvanthanam Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a)(h) of the Abkari Act. 3. The prosecution case is that on 22.08.2009, accused Nos.1 and 2 were found transporting 31 bottles of Indian Made Foreign Liquor. On questioning accused No.1, it was revealed that accused No.5 entrusted accused No.3 with 61 bottles of I.M.F.L. Accused No.3 took the I.M.F.L to Aluva. On his way, 30 bottles were entrusted to accused No.4. The rest of 31 bottles were given to the first accused. It is alleged that accused No.2 was driving the Autorickshaw. 4. The petitioner surrendered before the Court on 02.11.2009 and he was remanded to judicial custody. 5. It is submitted that the petitioner is a heart patient and he is suffering from other diseases as well. B.A. No.6560 of 2009 2 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Peermade 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 ln