IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5923 of 2009 CRIME NO.72 OF 2009 OF PAMPA POLICE STATION PETITIONER/ACCUSED -------------------------------------- U.R.DAS, AGED 37, S/O.RAGHAVAN, UTHIMOOTIL HOUSE, ATTATHODE, KIZHAKKE COLONY, PERUNAD. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, PAMPA POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5923 OF 2009 ------------------------------------------------------ Dated this the 15th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.72 of 2009 of Pampa Police Station. 2. The offences alleged against the petitioner are under Section 8(1) and (2) of the Abkari Act and Sections 332 and 225B of the Indian Penal Code. 3. The prosecution case is that on 25.8.2009, the petitioner was found in possession of 2.5 litres of arrack. The petitioner was arrested. The allegation is that the petitioner pushed the police officer and escaped from the scene. The Sub Inspector of Police, Pampa Police Station, sustained injuries and he sustained a fracture of eighth vertebra. Later the petitioner was arrested on 26.8.2009 and he was remanded to judicial custody. B.A. NO. 5923 OF 2009 :: 2 :: 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 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 – I, Ranni, 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 ahz/