IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH APRIL 2007 / 30TH CHAITHRA 1929 Bail Appl..No. 2401 of 2007() ----------------------------- (Crime No. 2401/2007 of Thirunelly Police Station) .................... : PETITIONER/ACCUSED NO.1 (IN CUSTODY) ----------------------------------------------------- A.M.JAMES, S/O.MATHEW, AGED 35 YEARS, AAPUZHIAYIL HOUSE, ANCHUKUNNU AMSOM DESOM, MANANTHAVADY, WAYNAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SMT.CELINE JOSEPH RESPONDENTS: COMPLAINANT ------------------------ STATE - S.I. OF POLICE, THIRUNELLY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SMT.L.LAKSHMI RAVI PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A. No. 2401 of 2007 ---------------------------------- Dated this the 20th day of April, 2007 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. 2. The petitioner is the first accused in Crime No. 31/2007, Thirunelly Police Station. The offence alleged against him is under Section 8 (2) of the Abkari Act. 3. The petitioner moved an application for bail before the Court of Judicial First Class Magistrate – II, Mananthavady, but the same was dismissed by the order dated 10/04/2007. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that he was arrested on 07/04/2007. The case of the prosecution is that the petitioner was found in possession of 3.4 litres of arrack in 34 packets. The petitioner has produced a medical certificate B.A.No. 2401/2007 -Page numbers- showing that he is suffering from Cervical Spondylitis for the last one year. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The petitioner shall be released on bail on condition that he executes a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Mananthavady. (K.T.SANKARAN, JUDGE) jg