IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6239 of 2009 CRIME NO.17 OF 2006 OF KUMBLA POLICE STATION, KASARAGOD PETITIONER: ACCUSED --------------------------- SHAHUL HAMEED @ KANYANA HAMEED AGED 30/09, S/O.MOOSA BYARI,THALAKKI, KANYANA, KARNATAKA, NOW RESIDING NEAR PATHODI ANGANWADI,MULINJA GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. THE SUB INSPECTOR OF POLICE KUMBLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6239 OF 2009 ------------------------------------------------------ Dated this the 29th day of October, 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.17 of 2006 of Kumbla 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 19.1.2006, the petitioner was found transporting 150 packets of arrack, each packet containing 100 ml. The petitioner could not be arrested as he ran away. The petitioner was arrested on 14.10.2009 and he was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the case was foisted against him on account of the fact that he disclosed to the learned Magistrate that he was brutally beaten by the police B.A. NO. 6239 OF 2009 :: 2 :: when he was taken to custody in another case. It is alleged that the police personnel at Manjeswaram Police Station had made a threat to him that he would be made accused in abkari offence and offence under the Narcotic Drugs and Psychotropic Substances Act. Learned Public Prosecutor submitted that all these allegations are without any substance and these allegations are made only to escape from this case as well as from the other case. 5. For the purpose of disposal of the Bail Application, it is not necessary to consider the aforesaid rival contentions. 6. The petitioner is not involved in any other abkari offence, submits the counsel for the petitioner. 7. 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. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to B.A. NO. 6239 OF 2009 :: 3 :: 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 Sundays and Wednesdays for two months and, thereafter, on all Sundays, 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/