IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4945 of 2009() ----------------------------- CRIME NO. 685/2009 OF PADALAM POLICE STATION ............ PETITIONERS/ACCUSED NO.1 & 2: ------------------------------------------------ 1. MADHU @ MADHUSUDANAN, AGED 42 YEARS, S/O.PODIAN, MALAYIL AIYATH MADU BHAVANAM, AYRANIKUZHI CHERUMUKHA MURI, NOORANADU VILLAGE, MAVELIKARA TALUK. 2. SUBASH, AGED 38 YEARS, S/O.PARAMU, SUNIL BHAVAN, AYRANIKUZHI CHERUMUKHA MURI, NOORANADU VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4945 of 2009 ------------------------------------ Dated this the 28th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused in Crime No. 685/2009 of Pandalam Police Station. 2. The offence alleged against the petitioners is under Section 8 (1) (2) of the Abkari Act. 3. The prosecution case is that on 11.08.2009, the petitioners were found in possession of 9 litres of arrack. They were arrested on the spot. The petitioners are in judicial custody. 4. The learned Public Prosecutor submitted that charge was laid in the case on 22.08.2009. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their B.A. No. 4945 of 2009 2 executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor subject to the following conditions:- A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners 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 ln