IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3376 of 2009() ----------------------------- CRIME NO.831/09 OF HILL PALACE POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- BAIJU, AGED 24 YEARS, S/O. BABU, PEREKKATTU HOUSE, ERNAKULAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE S.I. OF POLICE, HILL PALACE POLICE STATION, (CRIME 831/09) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------- B.A.No.3376 of 2009 ----------------------------- Dated this the 24th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.831 of 2009 of Hill Palace Police Station. 2. The offences alleged against the petitioner are under Sections 55(a), (b), (g) & (i) and Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 3.6.2009, the accused persons were found brewing illicit arrack in a shed attached to the house of the first accused. Three litres of arrack and 150 litres of wash were seized. The accused persons ran away. The first accused was arrested on 4.6.2009. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. 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 Additional Chief Judicial Magistrate Court, BA No.3376/2009 2 Ernakulam, 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