IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5191 of 2009() ------------------------------------ CRIME NO. 496/2009 OF MALAPOLICE STATION ............... PETITIONER/2ND ACCUSED: ------------------------------------------ LAIJU, S/O.JACOB, KANNAMPUZHA HOUSE, KUDAPUZHA, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT: ------------------------------------------------- THE SUB INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5191 of 2009 ------------------------------------ Dated this the 15th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No. 496/2009 of Mala Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55 (b) & (g) of the Abkari Act. 3. The prosecution case is that on 26.06.2009, on a search made by the police party at the residence in the occupation of accused Nos. 1 and 2, a quantity of 35 litres of arrack and 1000 litres of wash were seized. They also found the implements and apparatus for the distillation of arrack. The petitioner was arrested on 18.08.2009 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 on stringent conditions. B.A. No. 5191 of 2009 2 5. 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, Chalakudy, 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 and Friday, 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 leave the local limits of Mala Police Station for a period of 2 months. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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