IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 25 of 2010 CRIME NO.130 OF 2009 OF RAJAPURAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED: --------------------------------------- A.KRISHNAN, AGED 33 YEARS, S/O.KAIKKALAN, MABETHDAY (H), PADIMARUTHU P.O., KOTOM VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT: COMPLAINATN & STATE: ----------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CR.NO.130 OF 2009 OF RAJAPURAM POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 25 OF 2010 ------------------------------------------------------ Dated this the 11th day of January, 2010 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.130 of 2009 of Rajapuram Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on 18.11.2009, on a search conducted in the house of the petitioner, he was found in possession of two litres of arrack and 20 litres of Wash. The petitioner was arrested on 23.12.2009 and he was remanded to judicial custody on 24.12.2009. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Learned Public Prosecutor submitted that charge was filed in the case. B.A. NO. 25 OF 2010 :: 2 :: 6. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 7. 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, Hosdurg, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/