IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7365 of 2009() ---------------------------------------- CRIME NO.476/2009 OF KULATHUPUZHA POLICE STATION. .................... PETITIONER/IST ACCUSED --------------------------------------- BABU, S/O.SREEDHARAN, RAJESH MANDIRAM, THACHAMKONAM, EZHAMKULAM MURI, THINKALKARIKKOM VILLAGE, KOLLAM DISTRICT. BY ADV. MR.PAULY MATHEW MURICKEN RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA. BY PUBLIC PROSECUTOR MR.V.TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7365 of 2009 ------------------------------------ Dated this the 21st day of December, 2009 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.476/2009 of Kulathupuzha Police Station. 2. The offence alleged against the petitioner is under Section 55(b)(g)(h) of the Abkari Act. 3. On 07.11.2009, one Vijayan filed a petition before the police stating that his brother Veda Vyasan was missing. The police registered Crime No. 468/2009 for man missing. On the same day, the forest officials found the dead body of a person inside the forest. The matter was informed to the police. The police found out that the deceased was Veda Vyasan. The petitioner was taken into custody in respect of that case. It is stated that he disclosed certain facts relating to that case and also disclosed that he had concealed arrack, wash and the utensils and implements for distilling arrack within the forest area. These articles were recovered as shown by the accused. He was arrested B.A. No. 7365 of 2009 2 on 12.11.2009. The petitioner was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner was granted bail in Crime No.468/2009 as per the order dated 15.12.2009 passed by the court of the Sessions Judge, Kollam. 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 on stringent conditions. 6. 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-I, Punalur subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Wednesday, 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. B.A. No. 7365 of 2009 3 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 ln