IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6334 of 2009() ----------------------------- CRIME NO.368/09 OF PALODE POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED(IN CUSTODY) -------------------------------------------------- SHIBU, S/O.MOHANAN, CHARUVILA PUTHEN VEEDU, VITTIKKODE, THOTTUMUKKU, ALAMPARA, NANNIYODE, PALODE. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR, PALODE POLICE STATION, THIRUVANANTHAPURAM. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6334 of 2009 --------------------------------------------- Dated this the 9th day of November, 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.368 of 2009 of Palode Police Station. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 12.8.2009, the petitioner was found in possession of 1.5 litres of arrack. The petitioner was arrested on 17.10.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in several criminal cases including cases under the Narcotic Drugs and Psychotropic Substances Act, case of rape, cases of theft and cases involving offences under the Arms Act. 5. It is submitted by the learned counsel for the petitioner that there is no allegation that the petitioner is involved in any other abkari offences. 6. Taking into account the facts and circumstances of the BA No.6334/2009 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 on stringent conditions. 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, Nedumangad, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, Wednesday and Friday for a period of one month and thereafter, on every Monday, 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