IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5477 of 2009 CRIME NO.584 OF 2009 OF ARYANADU POLICE STATION PETITIONER/ACCUSED: --------------------------------- FRANCIS, S/O.CHELLAPPAN, KURYATHI ROADARIKATHU VEEDU, UZHAMALAKKAL VILLAGE. BY ADV. SRI.A.RAJASIMHAN RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR, ARYANADU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5477 OF 2009 ------------------------------------------------------ Dated this the 25th 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 the accused in Crime No.584 of 2009 of Aryanadu Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 9.9.2009, the petitioner was found in possession of 1.350 litres of arrack. The petitioner was arrested on the same day and he is in judicial custody. 4. It is submitted by the learned Public Prosecutor that charge was laid in the case. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 5477 OF 2009 :: 2 :: the nature of the offence and the fact that charge was laid in the case, 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, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/