IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7580 of 2009() ----------------------------- CRIME NO.391/2009 OF KADUTHURUTHI POLICE STATION, KOTTAYAM PETITIONER/ACCUSED NO.8 ------------------------------------------- MARTIN PAULOSE BABY, S/O. BABY CHERIAN, VELLAMKANDATHIL HOUSE, KAVALANGADU, KUTTAMANGALAM VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (SHO, KADUTHURUTHI POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J ----------------------------- B.A No. 7580 of 2009 -B ------------------------------ Dated this the 1st day of January, 2010. O R D E R This is a bail application filed by the 8th accused in Crime No.391 of 2009 of Kaduthuruthi Police Station, coming within the jurisdiction of Judicial First Class Magistrate Court, Vaikkom. 2. The allegation against the petitioner is that 57 ½ liters of arrack was seized from the house of the accused on 19.9.2009 and it was the the petitioner who had supplied the arrack to the first accused and thereby committed offence punishable under Sections 55(a), (g), (h), (i), 55(B) and 58B(a) of the Abkari Act. 3. The petitioner was in judicial custody in connection with crime No.53 of 2009 of Kothamangalam Excise Range and his formal arrest was recorded on 10.12.2009. 4. It is alleged in the petition that accused 2 to 6 were arrested from the spot itself, accused 2 and 3 were granted bail by the police themselves, the fourth accused granted bail on 6.10.2009 by the Sessions Court, Kottayam and accused 1,5,6 and 7 were also granted bail. The petitioner is facing the offence alleged against B.A No. 7580 of 2009 -B 2 him and that he was made an accused in the case on the basis of the false statement made by the first accused and that he may be released on bail. 5. Notice given to the public prosecutor. Heard the counsel for the petitioner and the public prosecutor. 6. It is admitted by the public prosecutor that all the other accused persons were released on bail in this case. Therefore I feel that the petitioner can also be released on bail. In the result the petition is allowed. The petitioner shall be released on bail on executing a bail bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the trial court. The petitioner shall appear before the investigating officer as and when required and shall co-operate with the investigation. Sd/- P.Q.BARKATH ALI JUDGE //True Copy// PA TO JUDGE ab