IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2659 of 2009() ------------------------------------- CRIME NO.83/2009 OF NEYYARDAM POLICE STATION PETITIONER/ACCUSED: ------------------------------- SAJEEVAN,S/O.KRISHNAPANICKER, NISH BHAVAN,UTHARAMCODE,KOKKUDIMURY, MANNOORKKARA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT: ----------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2659 of 2009 ------------------------------------ Dated this the 3rd day of June, 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 sole accused in Crime No. 83/2009 of Neyyardam Police Station. 2. The offences alleged against the petitioner are under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 9/04/2009, the accused was found engaged in manufacture of arrack and found to be in possession of 120 litres of wash. The petitioner ran away to avoid arrest. The petitioner was arrested only on 28/04/2009. He is in judicial custody till then. 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.50,000/-with two solvent sureties each for the like B.A. No. 2659/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 scm