IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6156 of 2009() ----------------------------- CRIME NO.384/2009 OF THENMALA POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- RAJENDRAN AGED 48 YEARS, EDAPPALAYAM LEKSHAM VEEDU, EDAPPALAYAM,ARYANKAVU, PATHANAPURAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6156 of 2009 --------------------------------------------- Dated this the 23rd day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.384 of 2009 of Thenmala Police Station, Kollam District. 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 28.8.2009, the petitioner was found engaged in distilling arrack. 30.6 litres of arrack and 600 litres of wash were seized from the possession of the petitioner. He was arrested on the same date. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that charge sheet was filed in the case on 15.10.2009. 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 also the fact that charge BA No.6156/2009 2 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, 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