IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Bail Appl..No. 6381 of 2009() ------------------------------------ CMP.3750/2009 of J.M.F.C.,KASARAGOD CRIME NO. 198/2009 OF BADIADKA POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- VINOD KUMAR RAI, AGED 30 YEARS, S/O. SEETHARAM RAI, PADIYAMBETTU H. PANAJE VILLAGE, ARLAPADAVU P.O., PUTHUR TALUK, KARNATAKA STATE. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: ------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER BADIADKA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6381 of 2009 ------------------------------------ Dated this the 4th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 198/2009 of Badiadka Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55 (a)of the Abkari Act. 3. The prosecution case is that on 12.10.2009, the accused was found transporting 1152 bottles of Indian Made Foreign Liquor, each bottle containing 180ml. The Indian Made Foreign Liquor involved in the case was intended to be sold in the Karnataka State. The petitioner was arrested on 12.10.2009 and he was remanded to judicial custody on 13.10.2009. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence of a similar nature. 5. The learned Public Prosecutor submitted that it is suspected that the Maruti Car in which the contraband was being B.A. No. 6381 of 2009 2 transported bears a fake registration number. The registration number is that of a Registering Authority of Karnataka State. The accused also belongs to Karnataka State. The learned Public Prosecutor submitted that presence of the accused in the State of Kerala is required for effective investigation of the case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod 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. B.A. No. 6381 of 2009 3 C) The petitioner shall not leave Kasaragod District for a period of two months. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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