IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 292 of 2010 CRIME NO.1 OF 2010 OF CHITTARIKKAL POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- SUKUMARAN KUTTANAPARAMBIL, S/O.VELU, AGED 57 YEARS, KUTTANAPARAMBIL VEEDU, KOOTTAKKUZHI, PALAVAYAL VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 292 OF 2010 ------------------------------------------------------ Dated this the 22nd day of January, 2010 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.1 of 2010 of Chittarikkal Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on 2.1.2010, the petitioner was found in possession of 300 ml of arrack and 105 litres of Wash. The petitioner was arrested on 2.1.2010 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the B.A. NO. 292 OF 2010 :: 2 :: 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Hosdurg, 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/