IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3226 of 2009 CRIME NO.80 OF 2009 OF AGALI POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ KUMARAN,AGED 30,S/O.VELLAKKUTTY, GUDAYUR,AGALI,MANNARKKAD,PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT: RESPONDENT ------------------------- STATE,REP.BY S.I.OF POLICE, AGALI POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3226 OF 2009 ------------------------------------------------------ Dated this the 17th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.80 of 2009 of Agali Police Station. 2. The offence alleged against the petitioner is under Sections 55 (a) and (g) of the Abkari Act. 3. The prosecution case is that on 28.5.2009, the petitioner (first accused) was found in possession of the utensils and apparatus for distillation of arrack and the second accused was found in possession of two litres of arrack. It is stated that the second accused ran away. The first accused was arrested on 28.5.2009 and he is in 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. B.A. NO. 3226 OF 2009 :: 2 :: 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, Mannarkkad, 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/