IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 3993 of 2009() ----------------------------- CRIME NO.678/2009 OF NEDUMANGAD POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------------- BHUVANACHANDRAN, S/O.KUNJAN, SMITHA BHAVAN, SILK FARM COLONY, THANNIMOODU, VATTAMPALLI MURI, ANAD VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESHKUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3993 of 2009 ------------------------------ Dated this the 23rd day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.678 of 2009 of Nedumangadu Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 9.7.2009, the petitioner was found engaged in the sale of illicit arrack. A quantity of 5 litres of arrack was seized from him. He was arrested on 9.7.2009. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad, subject to the following conditions: BA No. 3993/2009 2 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 csl