IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2299 of 2010() ----------------------------- CMP.1964/2010 of J.M.F.C.-I,HOSDRUG CRIME NO.85/2010 OF CHEEMENI POLICE STATION, KASARAGOD DIST. .................... PETITIONER/ACCUSED -------------------------------------- BALAKRISHNAN,S/O.MUNDAN,AGED 58 YEARS, CHINMAYAN COLONY,VALIYAPOIL, THIMIRI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No.2299 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of May, 2010 ORDER This is a bail application filed by the accused in Crime No.85/2010 of Cheemeni Police Station, Kasargod district under Section 439 of Cr.P.C. 2. The allegation against the petitioner is that on April 2, 2010 at about 6.45 p.m., he was found in possession of 650 ML of illicit arrack and 45 litres of wash for distilling illicit arrack at Valiyapoil Chinmayan colony in Thimiri village in Kasargod district and thereby committed the offence punishable under Sections 55(a) and (g) of Abkari Act. Petitioner was arrested on the spot and he is in remand thereafter. The Judicial Magistrate of First Class I, Hosdurg dismissed his bail application. 3. It is alleged in the petition that petitioner is innocent of the offence alleged against him, that he is falsely implicated in this case and that if released on bail, he will abide by any condition that may be imposed by this court. 4. Notice given to the learned Public Prosecutor. This petition is B.A.No.2299/2010 2 opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. Petitioner is in remand from 02/04/2010 onwards. The quantity of liquor involved in this case is 650 ML of illicit arrack and 45 litres of wash. The Public Prosecutor submits that investigation is almost over and that accused is not involved in any other case. Under these circumstances, I feel that petitioner can be released on bail, but subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m. and 11 a.m. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the B.A.No.2299/2010 3 jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. B.A.No.2299/2010 4