IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4959 of 2009() ----------------------------- CMP.4142/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 657/2008 OF NEYYATTINKARA POLICE STATION .................... PETITIONER: -------------------- AMBI @ RAJAN, AGED 37 YEARS, S/O. PRABHAKARAN, KARITHALAYKKAL PUTHEN VEEDU, ELAVANIKKARA, MAMPAZHAKKARA DESOM, PERUMPAZHUTHOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4959 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 657/2008 of Neyyattinkara Police Station. 2. The offence alleged against the petitioner is under Section 8 (1) (2) of the Abkari Act. 3. The prosecution case is that on 07.11.2008, the police party found the accused persons engaged in distilling arrack near the bank of a river. On seeing the police party, five of the accused persons jumped into the river and escaped. A quantity of 1020 litres of wash and 100 litres of arrack was seized from the spot. 4. The petitioner was arrested on 11.08.2009 and he was remanded to judicial custody. Accused Nos. 1 and 5 were granted bail. Investigation has progressed much 5. 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 B.A. No. 4959 of 2009 2 granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara 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 ln