IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 618 of 2010(B) ----------------------------------------- [CMP.164/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT.-II,NEYYATTINKARA, CR.NO.243/2009 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DIST.,] .................... PETITIONER/ACCUSED: ---------------------------------- BAIJU, AGED 28 YEARS, S/O.CHANDRAN, VETTUVILA PUTHEN VEEDU, MURIYANKARA DESOM, PARASSALA VILLAGE. BY ADV. MR.BLAZE K.JOSE. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR, PARASSALA POLICE STATION. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 618 of 2010 ------------------------------------ Dated this the 8th day of February, 2010 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 C.R.No.243 of 2009 of Parassala Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 12/5/2009, a quantity of 210 litres of spirit was found stored in the kitchen of the rented house belonging to the petitioner. The petitioner was arrested on 23/12/2009 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. The learned counsel for the petitioner also submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. B.A. No. 618/ 2010 2 5. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. 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, Neyyattinkara 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 for two months and thereafter on 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. B.A. No. 618/ 2010 3 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