IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1258 of 2010() -------------------------------------- CRIME NO.35/2010 OF CUMBUMMETTU POLICE STATION , IDUKKI. PETITIONER/ACCUSED: ------------------------------------- RAJAN, S/O.BHASKARA PILLAI, NANDHU BHAVANAM VETTIL, KRISHNAPURAM BHAGOM, KARUNAPURAM VILLAGE. BY ADV. SRI.A.C.DEVASIA RESPONDENTS/COMPLAINANT: -------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CUMBUMMETTU POLICE STATION, IDUKKI DISTRICT. 2. STATE OF KERALA, THROUGH REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1258 of 2010 --------------------------------- Dated this the 11th day of March, 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.35/2010 of Cumbummettu Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 17/2/2010, the petitioner was found engaged in the distillation of arrack. A quantity of 10 litres of wash and utensils and implements for the distillation of arrack were seized by the police from the residence of the petitioner. A quantity of 1.5 litres of arrack was also seized. The petitioner was arrested on 17/2/2010 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 case, the duration of the judicial custody undergone by the B.A. No. 1258/2010 2 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandam 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 scm