IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6647 of 2009() ----------------------------- CRIME NO.99/2009 OF AARALAM POLICE STATION, KANNUR PETITIONER/ACCUSED -------------------------------------- M.P.VINOD KUMAR, S/O. BALAN, MEETHALEPURAYIL HOUSE, AARALAM AMSOM DESOM KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE AARALAM POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6647 of 2009 --------------------------------------------- Dated this the 19th 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.99 of 2009 of Aaralam Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 3.11.2009, the petitioner was found in possession one litre of arrack. He was arrested on the same day. The petitioner is in judicial custody since then. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 5. 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. BA No.6647/2009 2 The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur, 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 csl