IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2826 of 2008 -------------------------------------- (CRIME NO. 138/2006 OF MALAYINKIL POLICE STATION) .................... PETITIONER/ACCUSED: ---------------------------------- VIVEKANANDAN @ PODIYAN, S/O.KUTTAN PANICKER, RESIDING AT NUTHUKULATHU MELE KANAVILA, MALAYINKIL DESOM, MALAYINKIL VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No. 2826 of 2008 --------------------------- ORDER This is an application for bail filed under Section 439 of the Cr.P.C. 2. Petitioner is the second accused in Crime No.138/06 of Malayinkil Police Station, which is now pending as C.P.No.168/07 on the file of the Judicial First Class Magistrate's Court, Kattakkada. The offences alleged against him are under Sections 8(1) and (2) of the Abkari Act, as he was found in possession of 1.5 litres of arrack at about 5.30 p.m. on 25.4.2006. Petitioner was being produced in court as per production warrant on 24.3.2008 and was being remanded to the judicial custody by the Magistrate, dismissing the application for bail filed by him vide Annexure-I order and by this Court vide Annexure-II order. The investigation in the case is already over. There is no justification in detaining the petitioner, who is the second accused in the case, BA 2826/08 2 any further. In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.15,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. On release he shall appear in the court below on all posting dates of the case till orders are passed in the committal proceedings by the Magistrate. 6th May, 2008 (K.P.Balachandran, Judge) tkv