IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5884 of 2011 CRIME NO.88 OF 2011 OF MANGALAM DAM POLICE STATION, PALAKKAD. PETITIONERS/ACCUSED NO.1. --------------------------------------------- NARAYANAN, AGED 52 YEARS,S/O.KOCHAN, PANACKAL VEEDU, MOOLAMKODU, VAKKALA, KIZHAKKANCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANGALAM DAM POLICE STATION, PALAKKAD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5884 OF 2011 ------------------------------------------------------ Dated this the 3rd day of August, 2011 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.1 in Crime No.88 of 2011 of Mangalam Dam Police Station, Palakkad District. 2. The offence alleged against the accused is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 3.7.2011, the petitioner/first accused was found distilling arrack. A quantity of 38 litres of Wash was found in the house belonging to accused Nos.2 and 3, where the activity of distilling of arrack was going on. It is alleged that the petitioner/first accused was distilling arrack as directed and desired by the other accused. The utensils and implements for distilling arrack were also seized. The petitioner was arrested on the spot on 3.7.2011 and he was remanded to judicial custody. B.A.NO.5884 OF 2011 :: 2 :: 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. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, 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/