IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2510 of 2010() ---------------------------------------- CMP.640/2010 of J.M.F.C.,KATTAKADA . CRIME NO.143/2010 OF POLICE STATION MARANALLOOR .................... PETITIONER/ACCUSED ---------------------- RAJENDRAN, S/O.KUTTAN, R.K.BHAVAN, MAILATUMPARA, ARUVIKARA, MARANALLOOR VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2510 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the accused in Crime No.143/2010 of Maranalloor Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on 12.4.2010 at about 8 P.M near the pump house at Aruvikkara in Maranalloor Village, was found to be in possession of one liter and 900 ml of Indian made foreign liquor for the purpose of sale and thereby committed the offence punishable under Section 55 (a) (1) of Abkari Act. 3. The petitioner was arrested on the spot and is in remand thereafter. The Judicial First Class Magistrate Court, Kattakada dismissed his bail application. 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him and that if released on bail he shall abide by any 2 B.A. No. 2510 of 2010 conditions that may be imposed by this court. 5. Notice given to the learned Public Prosecutor. 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 12.4.2010 onwards. The accused was found in possession of 1.900 Liters of Indian made foreign liquor. An individual can possess up to 3 Liters of IMFL for personal use as per Government Notification S.R.O.No.127/99 dated 5.2.1999. Thererfore, I feel that The 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/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 3 B.A. No. 2510 of 2010 1) The petitioner shall appear before the Investigating Officer between 10 A.M. and 11 A.M. on all Mondays. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioners 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 jurisdiction of the lower court without prior permission. 5) If th petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb