IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4657 of 2009 CRIME NO.528 OF 2009 OF KASARAGOD POLICE STATION CMP.2373/2009 of J.M.F.C.,KASARAGOD PETITIONER/ACCUSED -------------------------------------- RAJAN.A,S/O.LATE VASU,AGED 40, NEAR UMA NURSING HOME, KARANTHAKKAD,ADKATH BAYAL GRAMAM, (NOW RESIDING AT NELLIKKUNNU,KASARAGOD). BY ADV. SMT.R.PADMAKUMARI RESPONDENTS: COMPLAINANTS --------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4657 OF 2009 ------------------------------------------------------ Dated this the 26th August, 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.528 of 2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 27.7.2009, the petitioner was found in possession of and engaged in the sale of Indian made foreign liquor and beer. A quantity of 9.5 litres of Indian made foreign liquor and fifteen bottles of beer were seized. The petitioner was arrested on the same date, namely, 27.7.2009 and he is in judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 4657 OF 2009 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, 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, 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 ahz/