IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Bail Appl..No. 1656 of 2009() ----------------------------- (C.R.NO. 9/2009 OF MALLAPPALLYY EXCISE RANGE NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA) PETITIONER/ACCUSED: --------------------------------------- ANIL KUMAR, S/O.SANKARANARAYANAN, NARAKATHINAM KUZHIYIL VEEDU, KULATHOOR PAYYAMATTOM MURI, KOTTANGAL VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S)/ COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR K. MEERA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ---------------------------- B.A. No.1656 of 2009 ---------------------------- Dated this the 15th day of April, 2009 O R D E R This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioner is accused in Crime No.9/2009 of Mallappally Excise Range for the offences punishable under Sections 8(1) and (2) of Abkari Act. 3. Petitioner was arrested on 06.03.2009 when he was found in possession of 2 litres of arrack. It is true that the bail may not be granted as per the provisions in Section 41(A) of Abkari Act. Considering mainly the quantity involved and also the period during which the petitioner has been in custody, a lenient view is taken. 4. The application is allowed as follows: 1) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of Magistrate Court concerned. B.A.No.1656 of 2009 2 2) Petitioner shall report before the investigating officer on every Wednesday between 10 a.m. and 11 a.m. till final report is laid. 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN JUDGE pac