IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5076 of 2009() ----------------------------- CRIME NO.294/2009 OF VALLIKUNNAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAJESH, AGED 24 YEARS, S/O.RAMACHANDRAN, JAYESH BHAVAN, THENGAMAM MURI, PALLICKAL VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5076 of 2009 --------------------------------------------- Dated this the 10th day of September, 2009 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.294 of 2009 of Vallikunnam Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and Section 55(a) of the Abkari Act. 3. The prosecution case is that eight accused persons kept 105 litres of spirit in two vehicles parked at the property owned by one Mrs.Rehiyanath. The accused persons ran away on seeing the police party. The petitioner was arrested in connection with Crime No.373 of 2006 of Changanassery Police Station on 6.8.2009. His formal arrest was recorded in the present case on 13.8.2009. 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 BA No.5076 /2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl