IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2295 of 2009 ------------------------------------- CMP.547/2009 of J.M.F.C-I.,PEERUMEDU .................... PETITIONER/ACCUSED -------------------------------------- BINU, S/O. SAHADEVAN, PUTHENVEETTIL HOUSE, IDAPPOOKKALAM KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2295 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.38 of 2009 of Kattappana Excise Range alleging that he has committed offence punishable under Section 55(a) of the Abkari Act. The allegation is that he was found transporting 13 litres of Indian made foreign liquor. He was arrested on 18.4.2009 and since then he was in judicial custody. 2. I have heard the learned Public Prosecutor. Considering the quantity of foreign liquor involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 3. Accordingly this application is allowed subject to the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.20000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class-I, Peermade. B.A.No.2295 of 2009 2 ii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE vns