IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5505 of 2009 CRIME NO.526 OF 2009 OF CHANGANACHERRY POLICE STATION PETITIONER/ACCUED NO.3 ------------------------------------------ ANIYANKUNJU, S/O.DIVAKARAN, ASARIPARAMBIL HOUSE, NEAR KOCHUPPALLY, PAIPPADU, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5505 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 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 third accused in Crime No.526 of 2009 of Changanacherry Police Station. 2. The offence alleged against the accused persons is under Section 55(a) of the Abkari Act. 3. On 22.7.2009, accused Nos.1 and 2 were found transporting six litres of Indian Made Foreign Liquor. The prosecution case is that the Indian Made Foreign Liquor was intended to be supplied to the petitioner. The petitioner was arrested on 12.9.2009 and he is in judicial custody. It is submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedents. It is also pointed out that accused Nos.1 and 2 were released on bail. 4. Taking into account the facts and circumstances of the B.A. NO. 5505 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Changanacherry, 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 ahz/