IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3720 of 2009 CRIME NO.657 OF 2008 OF NEYYATTINKARA POLICE STATION CMP.2256/2009 of J.M.F.C.-I,NEYYATINKARA PETITIONER/5TH ACCUSED ------------------------------------------ RAJESH, S/O. THANKAPPAN, R.R.BHAVAN, PAZHAMALA DESOM, PERUNKADAVILA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, NEYYATTINKARA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3720 OF 2009 ------------------------------------------------------ Dated this the 10th July, 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.5 in Crime No.657 of 2008 of Neyyattinkara Police Station. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 7.11.2008, on getting information that five persons are distilling arrack near the banks of a river, police party came to the spot. The five persons jumped into the river and escaped. The police party found a quantity of 1020 litres of wash and 100 litres of arrack on the spot. 4. The first accused was arrested and he was released on bail. The petitioner was arrested on 11.6.2009 and he is in judicial custody. It is submitted by the learned Public Prosecutor that accused Nos.2 and 3 are not yet arrested. The investigation has progressed much. B.A. NO. 3720 OF 2009 :: 2 :: 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. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, 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/