IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6508 of 2009 CRIME NO.497 OF 2009 OF PALODE POLICE STATION, TRIVANDRUM. PETITIONER/2ND ACCUSED ------------------------------------------ DIVAKARAN, S/O.PANKAJAKSHAN KANI, IRINCHAYAM THAZHE MANPURATHU VEEDU, GNARANEELI, ANADU MURI, THENNUR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6508 OF 2009 ------------------------------------------------------ Dated this the 9th day of November,2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.497 of 2009 of Palode Police Station, Thiruvananthapuram District. 2. The offence alleged against the accused persons is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 24.10.2009, the accused persons were found engaged in distillation of arrack. A quantity of 400 ml of arrack was found at the place apart from the utensils and equipments for the distillation of arrack. The first accused ran away from the scene of occurrence. The second accused was arrested on the spot and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. B.A. NO. 6508 OF 2009 :: 2 :: 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Nedumangad, 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/