IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3496 of 2011() ----------------------------- CMP.3152/2011 of J.M.F.C.,KASARAGOD ................... PETITIONER/ACCUSED --------------------------------- SURESH.M., AGED 30 YEARS, S/O.B.NARAYANAN NAIR, ALAKKA HOUSE, CHENGALA, KASARAGOD DISTRICT. BY ADVS. SRI.SURESH KUMAR KODOTH SMT.HEMALATHA RESPONDENT/STATE ------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR : SRI SABU SREEDHARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------- BA No. 3496 of 2011 ------------------------------------- DATED THIS THE 17th DAY OF MAY 2011 O R D E R This is a bail application filed by the accused in Crime No.218/2011 of Vidyanagar Police Station, Kasargod district. 2. The allegation against the petitioner is that he was found in possession of 13 bottles of Indian Made Foreign Liquor each containing 375 ml and 2 bottles containing 180 ml each on April 23, 2011 at 5.45 p.m. At Cherkala in Chengala village, Kasargod. He was arrested on the spot along with contraband articles and remanded thereafter. His bail application was dismissed by the learned Magistrate. 3. It is alleged in the petition that he is innocent, and that if he is released on bail, he is prepared to abide by any conditions that may be imposed by this Court 4. Notice given to Public prosecutor. Public Prosecutor opposed the bail application. 5. For the following reasons, I am inclined to grant bail to the petitioner. He is in remand from April 28, 2011 onwards. Further, he was in possession of 15 bottles of Indian made foreign liquor. No previous conviction is reported by the Public BA No.3496/2011 -2- Prosecutor. Investigation in this case is almost over and most of the witnesses have already been questioned. Under these circumstances, I am of the view that the petitioner can be released on bail, but subject to conditions. 6. In the result, the petition is allowed. The petitioner shall be released on bail on executing a bond for `25,000/- (Twenty five thousand only) with two solvent sureties for like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Kasargod on the following conditions:- (1) Petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m and 11a.m. (2) Petitioner shall co-operate with the investigation. (3) Petitioner shall not intimidate the witnesses. (4) Petitioner shall not commit similar offence while on bail. (5) If the petitioner violates any of the conditions mentioned above, lower court can cancel their bail. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A to Judge BA No.3496/2011 -3-