IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2856 of 2009() ----------------------------- CMP.2492/2009 of J.M.F.C.-II,NEDUMANGAD CRIME NO.309/09 OF ARYANADU POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ PUSHPALATHA @ MOTTA, D/O.BHARATHY, SHIBI BHAVAN, THADATHARIKATHU, UNDAPPARA, NEAR THE OLD ARYANADU ITI, KOTTAKKAKOM MURI, ARYANADU VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2856 of 2009 ----------------------------------------- Dated this the 2nd June, 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 3rd accused in Crime No.309/09 of Aryanadu Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that accused 1 and 2 were found transporting of 1.75 litres of arrack. It is the further case of the prosecution that accused No.3 sold the arrack to accused 1 and 2. Accused 1 and 2 were arrested on 16.5.2009. Accused No.3 was arrested on 18.5.2009. They are 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. BA.2856/09 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 Judicial Magistrate of the First Class-II, Nedumangad, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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 vgs.