IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2525 of 2009() ----------------------------- CMP.993/2009 of J.M.F.C.,KATTAKADA CRIME NO.38/09 OF EXCISE RANGE, ARYANADU PETITIONER (S): ACCUSED --------------------------- SANALKUMAR, S/O. RAVEENDRA PANICKER, DEVI SADANAM, ELAVINMOODUKONAM, PARUTHIPALLY, KOKKUDIMURY, MANOORKARA VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH SRI. SANTHOSH KUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TELECHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2525 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R This is an application filed under Section 439 of the Code of Criminal Procedure. 2. Petitioner is the accused in Crime No.38 of 2009 of Excise Range, Aryanadu registered under Sections 8(1) and 8(2) of the Abkari Act. The allegation is that he was found in possession of 5 litres of arrack in black can having capacity of three litres. He was arrested and produced before Court on 23.4.2009 and since then he is in judicial custody. 3. I have heard the learned Public Prosecutor. 4. Considering the gravity of offence involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 5. Accordingly, this petition is allowed subject to the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.15,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Kattakkada. BA.2525/09 2 ii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. iii) Petitioner shall report before the investigating officer on every Mondays between 10 am and 11 am till the final report of filed. Petition is allowed. C.T.RAVIKUMAR, JUDGE vgs.