IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3690 of 2009 CRIME NO.831 OF 2009 OF HILL PALACE POLICE STATION PETITIONER/ACCUSED NO.2: --------------------------------- SAJU.P.S. AGED 26, S/O.SADANANDAN, PATHIRAPPILLY HOUSE, MARADU. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE S.I.OF POLICE, HILL PALACE POLICE STATION, (CRIME 831/09) REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3690 OF 2009 ------------------------------------------------------ Dated this the 17th July, 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.2 in Crime No.831 of 2009 of Hill Palace Police Station. 2. The offences alleged against the petitioner are under Sections 55(a), (b), (g), (h) and (i) of the Abkari Act. 3. The prosecution case is that on 3.6.2009, the accused persons were found manufacturing arrack. Three litres of arrack, 150 litres of wash and apparatus and implements for manufacturing arrack were seized from the place. The petitioner could not be arrested as he ran way from the scene of occurrence, according to the prosecution. The petitioner was arrested on 29.6.2009 and he is in judicial custody. 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. B.A. NO. 3690 OF 2009 :: 2 :: 5. 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 Additional Chief Judicial Magistrate, Ernakulam, 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 ahz/