IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4650 of 2009() ----------------------------------------- CMP.3003/2009 of J.M.F.C.,KATTAKADA CRIME NO.190/2009 OF MARANALLOOR POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------------- SREEDHARAN, S/O.PAPPUKUTTY, VELLAMANGALAM, MOLLAYIL VEEDU, MARANALLOOR DESOM, MARANALLOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT/ COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4650 of 2009 ------------------------------------ Dated this the 20th day of August, 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 accused in Crime No.190/2009 of Maranalloor Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act and Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 26/07/2009, the petitioner was found in possession of 2 litres of arrack and 325 gms of ganja and sale proceeds of ganja. He was arrested on the same date. The petitioner is in judicial custody since then. Final report was filed in this case on 31/07/2009 and the case is now pending before the Judicial Magistrate of the First Class, Kattakada as C.P. No.176/2009. 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 fact that the charge was laid in the case, I am of the view that bail can be granted to B.A. No. 4650/2009 Page numbers the petitioner. 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, Kattakada subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 scm