IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4436 of 2009 CRIME NO.30 OF 2009 OF EXCISE RANGE, WADAKKANCHERRY CMP.5837/2009 of J.M.F.C.,WADAKKANCHERRY PETITIONER/ACCUSED -------------------------------------- SOMAN, S/O.KUMARAN, THUNDATHIL HOUSE, POONGODE-CHITTANDA VILLAGE, THALAPPALLY TALUK. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA THROUGH EXCISE INSPECTOR, WADAKKANCHERRY RANGE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4436 OF 2009 ------------------------------------------------------ Dated this the 10th August, 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 accused in Crime No.30 of 2009 of Excise Range, Wadakkancherry. 2. The offence alleged against the petitioner is under Section 8(2) of the Abkari Act. 3. The prosecution case is that on 29.7.2009, the petitioner was found in possession of 2.5 litres of illicit arrack. The petitioner was arrested on 29.7.2009 and he is in judicial custody since then. 4. It is submitted by the learned counsel for the petitioner and it is so stated in the Bail Application itself that the wife of the petitioner is suffering from serious kidney problems and the petitioner is the only person who is there to look after her. The petitioner's wife has to undergo regular dialysis, it is stated. Learned Public Prosecutor submitted that the petitioner is not involved in any offence including offence of a similar nature. B.A. NO. 4436 OF 2009 :: 2 :: 5. Taking into account the peculiar 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, Wadakkancherry, 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/