IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4513 of 2009() ----------------------------- CRIME NO.32/2009 OF CHEEMENO POLICE STATION PETITIONER/ACCUSED -------------------------------------- KAMMATATHU VALAPPIL NARAYANAN @ KAYANI NARAYANAN, S/O. AMBU, MAYYAL, KAYYOOR GRAMAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE CHEEMENI POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4513 of 2009 --------------------------------------------- Dated this the 14th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.32 of 2009 of Cheemeni Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on 17.4.2009, the accused was found in possession on 4.75 litres of arrack. It was found that he was dealing with 235 litres of wash, utensils and implements for distillation of arrack. The petitioner surrendered before court on 23.7.2009 and he was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that if the petitioner is released on bail, he will not commit any offence of a similar nature. 5. Learned public public prosecutor submitted that there is no other case against the petitioner. 6. Taking into account the facts and circumstances of the BA No.4513/2009 2 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. 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-I, 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 csl