IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5410 of 2009() ------------------------------------- CMP. 3461/2009 of J.M.F.C., KATTAKADA CRIME NO. 202/2009 OF NEYYARDAM POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- SUNIL @ CNNAS SUNIL, S/O.RAJU, ROADARIKATHU VEEDU, SAMBUTHANGI, KUTTICHAL, MANOORKKARA DESOM, MANOORKKARA. BY ADVS. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5410 of 2009 ------------------------------------ Dated this the 30th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.202/2009 of Neyyardam Police Station. 2. The offence alleged against the petitioner is under Section 8 (1)(2) of the Abkari Act. 3. The prosecution case is that on 07.09.2009, the petitioner and the other accused were found engaged in the distillation of arrack. A quantity of 1.5 litres of arrack and 20 litres of wash were seized. The petitioner was arrested on 07.09.2009 and he was remanded to judicial custody. 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 investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like B.A. No. 5410 of 2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 ln