IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1566 of 2010() -------------------------------------------- Cr. NO.5/2010 OF THANKAMANI EXCISE RANGE, IDUKKI. PETITIONER/ACCUSED: ------------------------------------ JOSE, S/O. VARGHESE, MELETHU VEEDU, MUKKUDOM KARA, KONNATHADI VILLAGE, UDUMBANCHOLA. BY ADV. SRI.M.R.SARIN RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1566 of 2010 ------------------------------ Dated this the 17th 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 Cr. No.5/2010 of Thankamani Excise Range, Idukki. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 14/2/2010, the petitioner was found in possession of 5 litres of arrack. The petitioner was arrested on 14/2/2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 10/3/2010. 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 also the fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner. B.A. No. 1566/2010 2 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, Adimaly subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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