IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Bail Appl..No. 4744 of 2009() ----------------------------------------- CMP.NO.6918/09 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTINKARA. .................. (CRIME NO.450/09 OF PARASSAL POLICE STATION) PETITIONER:PETITIONER:ACCUSED (PARTY IN CUSTODY): ---------------------------------------------------------------------------------------- RAJENDRAN,S/O.MUTHAYYAN NADAR, KURUMPAL PANCHIVILAKATHU VEEDU, VATTAVILA, NOCHIYOOR DESOM, CHENKAL VILLAGE. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): COUNTER PETITIONER:STATE: ------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.4744 OF 2009 ------------------------------------------ Dated 25th August 2009 O R D E R Petitioner was arrested on 6/8/2009 at about 5.30 p.m and two plastic bottles containing 1000 ml. each and another plastic bottle containing 200 ml. of Indian made foreign liquor were seized on the allegation that he was engaged in retail sale. Crime No.450/2009 of Parassala police station was registered for the offences under Section 55(a) and (h) of Kerala Abkari Act. Petitioner has been in custody since then. His application for bail was rejected by the learned Magistrate. Learned counsel appearing for petitioner submitted that petitioner was not involved in any other case earlier and he is prepared to abide by any condition and therefore bail be granted. 2. Learned Public Prosecutor submitted that no other case was reported against petitioner earlier to this incident. 3. Considering the quantity of liquor seized and period of detention and the fact that he BA 4744/09 2 was not involved in any other case earlier, petitioner could be granted bail on sufficient conditions. Petitioner shall be released on bail on executing bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-II, Neyyattinkara on the following conditions. 1) Petitioner shall appear before the investigating officer on every Monday and Friday between 10 and 12 a.m for two months and thereafter as and when directed by the investigating officer. 2) Petitioner shall not induce, threaten or influence any witness from revealing the facts known to him to the investigating officer and shall not in any way interfere with the investigation. 3) Petitioner shall not leave the State without previous permission of the Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.