IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1469 of 2009() ----------------------------- CMP.7908/2009 of J.M.F.C., KAYAMKULAM CRIME NO. 215/2009 OF KAYAMKULAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- THANKACHAN, S/O.JANARDHANAN, VEILETHU KIZHAKKATHIL VEEDU, GOVINDAMUTTAM MURI, PUTHUPALLI VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1469 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of March, 2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.215/2009 of Kayamkulam Police Station for offences punishable under Sections 8(1) and (2) of the Abkari Act for having been found in possession of 1 1/4 liters of illicit arrack, seeks his enlargement on bail. Petitioner was arrested on 9-3-2009. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect form 6-4-2009 on his executing a bond for Rs. 35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and subject to the following conditions: - 1) The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2) The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. BA 1469/09 -2- 4) The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V. RAMKUMAR, JUDGE. mn.