IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6533 of 2009() ------------------------------------- CRIME NO. 223/2009 OF MANNAR POLICE STATION ............................ PETITIONER/ACCUSED: -------------------------------- RAVEENDRAN, PANAVILLAYIL VEEDU, ENNAKADU MURI,ENNAKADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. P.A. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6533 of 2009 ------------------------------------ Dated this the 12th day of November, 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.223/2009 of Mannar Police Station, Alappuzha. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that the petitioner and other accused were found distilling illicit arrack on 14/5/2009. 4. The petitioner was in judicial custody in another case and with the permission of the court, he surrendered before the court in the present case on 14/10/2009. The petitioner continues to be in judicial custody. 5. The learned counsel for the petitioner submits that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. 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 also the undertaking, I B.A. No. 6533 / 2009 2 am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur 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. The petitioner shall be released from jail only if his detention is not required in respect of any other case. K.T. SANKARAN, JUDGE scm