IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5852 of 2009() ----------------------------- CRIME NO.388/2009 OF MANNAR POLICE STATION, ALAPUZHA .................... PETITIONER/2ND ACCUSED ------------------------------------------ SOMANATHAN, S/O.RAGHAVAN NAIR, SIVA BHAVANAM, VIZHAVARSERIKKARA MURI, KURATTISSERI VILLAGE. BY ADV. SRI.R.GIREESH VARMA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANNAR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5852 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.388 of 2009 of Mannar Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) & (i) and 8(1) & 2 of the Abkari Act. 3. The prosecution case is that on 21.9.2009, the first accused was found in possession of 30.375 litres of Indian made foreign liquor. He was engaged in the sale of the same. It is alleged that he handed over 3.75 litres of IMFL to the second accused. The petitioner was arrested on the same day and he was remanded to judicial custody on 22.9.2009. 4. 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. BA No.5852/2009 2 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, Chengannur, 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. K.T.SANKARAN, JUDGE csl