IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1299 of 2010() ---------------------------------- CRIME NO. 401/2009 0F ANCHAL POLICE STATION, KOLLAM DISTRICT ......................... PETITIONER/ACCUSED : --------------------------- SUBRAHMANIAN, AGED 39 YEARS, S/O.GOPALAN, VEELIPOIKA VEEDU, EDAKKIDOM MURI, EZHUKONE VILLAGE, KOTTRAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT : --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1299 of 2010 ------------------------------------ Dated this the 29th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.10 in Crime No.401/2009 of Anchal Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 08.08.2009, the petitioner was found dealing with 3,430 litres of spirit. It is alleged that large quantity of spirit was brought in tanker lorry to the compound of a driving school, where other vehicles were kept ready for transport of the contraband to different places. 4. The petitioner was arrested on 09.02.2010 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 1299 of 2010 2 petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each 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 and Thursdays, 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 ln