IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2818 of 2009() ----------------------------- CRMP.1323/2009 of DISTRICT COURT, PALAKKAD Crime No.23/07 of Pattambi Excise Range, Pattambi PETITIONER/ACCUSED -------------------------------------- KUNJUKUTTAN @ UNNIKRISHNAN, AGED, S/O.KUNJHAN, CHOLAYIL VEEDU, KOZHIKOTTIRI DESOM, MUTHUTHALA VILLAGE, OTTAPALAM, PALAKKAD. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PATTAMBI EXCISE RANGE, PATTAMBI. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2818 of 2009 ----------------------------------------- Dated this the 28th May, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.23/07 of Pattambi Excise Range, Pattambi. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 23.8.2007, 15 litres of illicit arrack was seized from the first accused and the petitioner, second accused is alleged to be the person who entrusted the arrack for sale to the first accused. The petitioner was arrested on 28.3.2009 and he is in judicial custody. Charge was laid on 22.5.2009. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the nature of the offence, I am of the view that bail can be granted to the petitioner. BA.2818/09 2 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 Judicial Magistrate of the First Class, Pattambi, 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 vgs.