IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 21 of 2010 CRIME NO.768 OF 2009 OF ARYANAD POLICE STATION PETITIONER/ACCUSED -------------------------------------- SANAL KUMAR, AGED 39 YEARS, S/O.MADHAVAN, NIKHITHA BHAVAN, POTTANCHIRA, KOTTAKKAKAM MURY, ARYANADU VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 21 OF 2010 ------------------------------------------------------ Dated this the 11th day of January, 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.768 of 2009 of Aryanad Police Station, Thiruvananthapuram District. 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 20.12.2009, the petitioner was found in possession of 500 ml of arrack. The petitioner was arrested on 20.12.2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in another case of similar nature. It is also submitted that charge sheet was filed in the case, after completing the investigation. 5. Learned counsel for the petitioner submitted that the B.A. NO. 21 OF 2010 :: 2 :: 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 the fact that charge sheet was filed in the case, I 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Nedumangad, 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 ahz/