IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2137 of 2009 ----------------------------- CRMP.1626/2009 of J.M.F.C-I., HARIPAD .................... PETITIONER/ACCUSED --------------------------------- DEVARAJAN, S/O.RAGHAVAN, DIPIN BHAVANAM, WARD NO.IV, PUTHIYAVILA MURI, KANDALLOOR. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY S.I OF POLICE, KANAKAKKUNNU. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2137 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.95 of 2009 of Kanakakkunnu Police Station alleging commission of offences punishable under Sections 8(1), 8(2) and 55(a) and (g) of the Abkari Act. 2. The allegation is that on 28.3.2009 at about 1.15 p.m. the petitioner was found to be manufacturing arrack and possessing and keeping 4 litres of arrack and also keeping 85 litres of wash to be used for the manufacture of arrack and thereby committed the offence. In connection with the above crime he was arrested on 28.3.2009 and since then he is in judicial custody. 3. I have heard the learned Public Prosecutor. Considering the quantity of arrack involved and also the fact that the investigation is almost over, I think bail can be granted in this case. 4. Accordingly this application is allowed subject to B.A.No.2137 of 2009 2 the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.50000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad. ii) Petitioner shall appear before the investigating officer on all Mondays and Fridays between 10 a.m. and 11 a.m. till the final report is laid. iii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE vns