IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5975 of 2009() ----------------------------- CRIME NO.97/2008 OF THANNITHODE POLICE STATION PETITIONER/ACCUSED -------------------------------------- PRAMOD @ ANIYAN, AGED 42 YEARS S/O. THANKAPPAN, THOPPIL VEEDU, THEKKUTHODE, THANNITHODE, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE THANNITHODE POLICE STATION, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5975 of 2009 --------------------------------------------- Dated this the 16th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.97 of 2008 of Thannithode Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 13.12.2008, the petitioner was found in possession of 250 litres of wash. The petitioner was arrested in connection with another abkari case and his formal arrest was recorded in this case on 1.9.2009. The petitioner was remanded to judicial custody. It is submitted that charge was laid in the case on 30.5.2009. 4. 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 BA No.5975 /2009 2 petitioner. 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-II, Pathanamthitta, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Thannithode Police Station, Pathanamthitta between 9 A.M. and 11 A.M. on alternate Mondays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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