IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7484 of 2009() --------------------------------------- CRIME NO.461/2009 OF KATTAKADA POLICE STATION. .................... PETITIONER/1ST ACCUSED --------------------------------------- SUGANDHAN, S/O. SUNDARAN, S.K. BHAVAN, ANTHIYOORKONAM, MALAYINKIL. BY ADV. MR.G.SUDHEER RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR MR.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7484 of 2009 ------------------------------------ Dated this the 21st day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 461/2009 of Kattakada 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 25.08.2009, the accused persons were found engaged in distilling arrack. A quantity of 85 litres of arrack, 500 litres of wash and the utensils and implements for distilling arrack were seized. 4. The petitioner surrendered before court on 20.11.2009 and he was remanded to judicial custody. 5. It is submitted that accused Nos. 2 and 3 were released on bail. 6. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence. 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 fact that the other B.A. No. 7484 of 2009 2 accused persons were released on bail, 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 and Thursdays, 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 ln