IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4831 of 2009 CRIME NO.32 OF 2009 OF HARIPAD POLICE STATION PETITIONER/ACCUSED -------------------------------------- NIJU @ ANI,S/O.RAVI @ ALI RAVI, VADAKKEKATTIL VEEDU,WARD NO.1, THRUKKUNNAPUZHA PANCHAYAT,PALLANA MURI, THRUKKUNNAPUZHA VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4831 OF 2009 ------------------------------------------------------ Dated this the 7th 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 first accused in Crime No.32 of 2009 of Haripad Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) and 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on 17.1.2009, the accused persons were found distilling arrack. A quantity of 70 litres of arrack was seized from their possession. The petitioner was arrested on 12.7.2009 and he is in judicial custody since then. It is submitted that the petitioner is also involved in C.R.No.68 of 2008 Karthikappally Excise Range. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 4831 OF 2009 :: 2 :: 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Haripad, 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/