IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5680 of 2009() ----------------------------- CRIME NO.596/2009 OF ARYANAD POLICE STATION .................... PETITIONER (S): ACCUSED -------------------- SUKUMARAN, S/O. CHELLAPPAN NADAR, DEVI BHAVAN, KIZHAKKUMKARA AITHY, MANJADI NINNAVILA, BOUNDER MUKKU, KOTTAKKAKAM MURI, ARYANAD VILLAGE. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5680 of 2009 --------------------------------------------- Dated this the 6th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.596 of 2009 of Aryanad 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 18.9.2009, the petitioner was found transporting 15 litres of arrack. He was arrested on the same date and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is suffering from leprosy and that he is not involved in any other case of a similar nature. 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 BA No.5680/2009 2 petitioner. 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 csl BA No.5680/2009 3