IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 797 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.273/2009 Dated 30/01/2009 CRMP.122/2009 of J.M.F.C. - I, CHALAKUDY .................... (CRIME NO.1/2009 OF VELLIKULANGARA POLICE STATION,THRISSUR DIST.) PETITIONER:ACCUSED NO.2: ---------------------------------------------- SHYJU, S/O. THAMPI, KALLUVILA HOUSE, KIZHAKE KUTTICHIRA DESOM, VIA-CHALAKUDY, THRISSUR DIST. BY ADV. MR.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, THRISSUR DIST., REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN 682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, COCHIN 682 031. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 797 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, on 1-1-2009 1st accused was arrested with nine litres of Indian Made Foreign Liquor. On investigation, it is revealed that 2nd accused has supplied the same. 62 bottles of Indian Made Foreign Liquor were seized from bushes, as per the information given by the 2nd accused who is the petitioner herein. On further investigation, it is revealed that 3rd accused had kept 35 litres of spirit and 20 bottles of artificial Indian Made Foreign Liquor on the terrace of partly constructed house of one Antony. 3. Petitioner was arrested on 1-1-2009. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- BA 797/09 -2- 1) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.