IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5331 of 2009 CRIME NO.248 OF 2009 OF NILESWARAM POLICE STATION PETITIONER: ACCUSED: -------------------- K.RAVEENDRAN, S/O. LATE P.V. AMBUNHI AGED 46 YEARS, KUTHIRUMMAL HOUSE, PALLIKKARA, NILESWARAM, KASARGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: --------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, NILESWARAM POLICE STATION NILESWARAM, KASARGOD DIST. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5331 OF 2009 ------------------------------------------------------ Dated this the 23rd day of September, 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.248 of 2009 of Nileswaram 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 1.9.2009, the petitioner was found in possession of 30 litres of Indian Made Foreign Liquor. The petitioner was arrested on 1.9.2009 itself and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor, on instructions, that the petitioner is not involved in any other case of similar nature. B.A. NO. 5331 OF 2009 :: 2 :: 5. 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. 6. 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 – II, Hosdurg, 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/