IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1704 of 2010() ----------------------------- CRMP.2393/2010 of J.M.F.C.-I, PUNALUR CRIME NO. 153/2010 0F THENMALA POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/ACCUSED : --------------------------- MANIYANPILLAI, S/O. NARAYANAPILLAI, RADHAKRISHNA VILASOM, ACHENCOVIL MURI, ARYANKAVU VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT/COMPLAINANT : ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERAELA, REPRESENTING THE SUB INSPECTOR OF POLICE, THENMALA POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1704 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.153/2010 of Thenmala Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 23.02.2010, the petitioner was found in possession of 420 litres of wash and six litres of arrack. The petitioner was arrested on 23.02.2010 and he was remanded to judicial custody on 24.02.2010. 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.25,000/- with two solvent sureties each for the like B.A. No. 1704 of 2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur 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