IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7797 of 2009() -------------------------------- CRIME NO. 141/2009 OF RAJAPURAM POLICE STATION ....................... PETITIONER/ACCUSED: --------------------------- E.R.RAGHAVAN, S/O. LATE RAMA, AGED 55 YEARS, ENJIKKAL VEEDU, KOTTAKKUNNU, KALLAR VILLAGE, KASARAGOD. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7797 of 2009 ------------------------------------ Dated this the 4th day of January, 2010 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.141/2009 of Rajapuram Police Station. 2. The offence alleged against the petitioner is under Section 55(a)(g) of the Abkari Act. 3. The prosecution case is that on 03.12.2009, the petitioner was found in possession of 40 litres of wash and 4.5 litres of arrack. The petitioner was arrested on 03.12.2009. The petitioner is in judicial custody since then. 4. It is submitted that the petitioner is not involved in any other case of similar nature. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case. 5. 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 fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner. B.A. No. 7797 of 2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 ln