IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH APRIL 2007 / 27TH CHAITHRA 1929 Bail Appl..No. 2172 of 2007() ----------------------------- C.R.No.172/2006 of Chengannur Excise Range PETITIONER/ACCUSED IN CR NO.172/2006 -------------------- BABU, AGED 30 YEARS, S/O.CHELLAPPAN ACHARY, RESIDING AT ULIYANADU KIZHKKETHIL VEEDU, PERISSERY MURI, PULIYUR VILLAGE CHENGANNUR TALUK. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI RESPONDENTS: COMPLAINANT IN C.R.NO.172/2006 ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI FIROZ KHAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- B.A.No.2172 of 2007 ------------------------------------- Dated this the 17th day of April, 2007 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. 2. The petitioner is the accused in C.R. No.172/2006 of Chengannur Excise Range. The offence alleged against him is under Section 8 (i) and (ii) of the Abkari Act. 3. The petitioner moved an application for bail before the Court of Judicial Magistrate of the First Class-II, Chengannur, but the same was dismissed by the order dated 21/02/2007. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned B.A.No.2172/2007 -: 2 :- counsel for the petitioner that the petitioner is undergoing detention from 19/02/2007. The prosecution case is that the petitioner was found in possession of five litres of illicit arrack. The learned counsel for the petitioner submits that the petitioner requires treatment by a psychiatrist. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The petitioner shall be released on bail on condition that he executes a bond for Rs25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- II, Chengannur. (K.T.SANKARAN) JUDGE ms