IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 540 of 2010() ---------------------------- CRIME NO.336/2009 OF KULATHUPUZHA POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------------------------ AJI, AGED 48 YEARS, S/O.SUKUMARAN ASHAN, THOTTUMKARA VEEDU, CHRISTIAN CHURCH, CHOZHIYAKKODE, THINKALKARIKKAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SRI.SREEVALSAN.V RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.540 of 2010 --------------------------------------------- Dated this the 4th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.336 of 2009 of Kulathupuzha Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 21.8.2009, the accused persons were found in possession of 300 litres of wash and 5 litres of arrack. Accused No.2 is the wife of accused No.1. Accused No.2 was arrested on the spot. Accused No.1 ran away and therefore, he could not be arrested. He was arrested only on 6.1.2010. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case. It is also submitted that there is no report that the petitioner is involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.540/2010 2 petitioner, the nature of the offence and also the fact that the charge was laid in the case, 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-I, Punalur, 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 csl