IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 3823 of 2009() ----------------------------- CRIME NO.657/2008 OF NEYYATTINKARA POLICE STATION .................... PETITIONER/ACCUSED NO.4 ------------------------------------------- SUDHEESAN,AGED 45 YEARS, S/O. SUKUMARAN, RESIDING AT ROADARIKATTHU VEEDU, H.NO.NMC 13/415,NR.ELAVANIKKARA GURU MANDIRAM, MAMBAZHAKKARA DESOM, PERUMBAZHATHOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GEO PAUL SRI.K.SASIDHARAN SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR, NEYYATTINKARA POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3823 of 2009 --------------------------------------------- Dated this the 24th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.657 of 2008 of Neyyattinkara Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 7.11.2008, the petitioner and the other accused were found in possession of 68 plastic pots near Neyyattinkara. They were engaged in distilling arrack. A quantity of 100 litres of arrack was found. 4. The petitioner was arrested on 15.6.2009. It is submitted that the first accused was granted bail. The fifth accused was granted bail as per the order dated 10.7.2009 in B.A.No.3720 of 2009. 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, the present stage of BA No.3823/2009 2 investigation and also taking into account the fact that accused Nos.1 and 5 were released on bail, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties 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 csl