IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2735 of 2009() ------------------------------------- CMP.2792/2009 of J.M.F.C.-II,NEDUMANGAD CR NO.29/2009 OF NEDUMANGAD EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- NELSON @ BABY,S/O.SAMUVEL,KIZHAKKUMKARA VEEDU,KALIYICKAL,KOTTAKKAKOM MURI,VITHURA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2735 of 2009 ------------------------------------ Dated this the 22nd day of May, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is the sole accused in Crime No. 29/2009 of Nedumangad Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and 8(2) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of 5 litres of arrack. The petitioner was arrested on 7/05/2009 and was remanded to Judicial Custody. 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. 5. The petitioner shall be released on bail on his/her executing bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties each for the like amount to the B.A. No. 2735/2009 2 satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad 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