IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4757 of 2009() ----------------------------- CRIME NO.304 OF 2009 OF KULATHUPUZHA POLICE STATION, KOLLAM PETITIONER/IST ACCUSED ------------------------------------------ RAJU, S/O.MADHAVAN, RAJEEV BHAVAN, MADATHARA MURI, ARIPPA, CHITHARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.SUDHEESHKAR S. RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4757 OF 2009 ------------------------------------------------------ Dated this the 27th 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 the first accused in Crime No.304 of 2009 of Kulathupuzha Police Station. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 1.8.2009, the accused persons in the case were found in possession of 38.4 litres of Indian made foreign liquor. The petitioner was arrested on 2.8.2009 and he is in judicial custody. 4. It is submitted that the second accused was released on bail on 19.8.2009 as per the order in B.A.No.4580 of 2009. 5. Taking into account the facts and circumstances of the B.A. NO. 4757 OF 2009 :: 2 :: 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. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Punalur, 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 B.A. NO. 4757 OF 2009 :: 3 :: ahz/