IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 4007 of 2009() ----------------------------- CRIME NO.339/2009 OF PAZHAYANNUR POLICE STATION APPLICANT/ACCUSED ------------------------------------- JOHNY, S/O.ULAHANNAN, ELAMANA HOUSE, THEKKETHARA, PAZHAYANNUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, PAZHAYANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.4007 of 2009 -------------------------------- Dated this the 23rd day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.339 of 2009 of Pazhayannur Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 10.7.2009, the petitioner was found brewing illicit arrack. A quantity of 50 litres of wash and 200 ml. of arrack was seized from the residence of the petitioner. The petitioner was arrested on the same day and he 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, BA No. 4007/2009 2 Wadakkancherry, 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 csl