IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl.No. 2323 of 2009 ----------------------------- CRIME NO.415/05 OF IRITTY POLICE STATION CrL.MC No.494/09 OF SESSIONS COURT, THALASSERY .................... PETITIONER/2ND ACCUSED: ------------------------------ OTTIYIL BABU,S/O.KARUNAKARAN, AGED 35,OTTIYIL HOUSE,THILLENKERI. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: -------------------------------- THE STATION HOUSE OFFICER,IRITTY POLICE STATION,KANNUR DISTRICT,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2323 of 2009 ------------------------------------------ Dated, this the 8th day of May, 2009 ORDER This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.415 of 2005 of Iritty Police Station alleging commission of offence punishable under Section 55(g) of the Abkari Act. 2. The allegation is that the petitioner was found in possession of 1500 litres of wash and he was taken into custody on 3.2.2009 and since then he has been in judicial custody. 3. I have heard learned counsel for the petitioner as also the learned Public Prosecutor. Considering the quantity of wash involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 4. Accordingly this application is allowed subject to the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.50000/- with two solvent sureties for B.A.No.2323 of 2009 2 the like sum each to the satisfaction of the Judicial First Class Magistrate, Mattannur. ii) Petitioner shall report before the investigating officer once in a week on all Saturdays between 10 a.m. and 12 a.m. till the final report is laid. C.T.RAVIKUMAR, JUDGE vns