IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7095 of 2009() ------------------------------------- CMP.2771/2009 of J.M.F.C.-II, HARIPAD CRIME NO.331/2009 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA. .................... PETITIONER/ACCUSED: ----------------------------------- RAMESHAN, AGED 40, S/O. RAGHAVAN, KALEERKADAVAKKATHIL HOUSE, ERUVA PADINJARE MURI, PATHIYOOR VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.K.R.SUNIL RESPONDENT/COMPLAINANT: --------------------------------------------- THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7095 of 2009 ------------------------------------ Dated this the 15th day of December, 2009 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.331/2009 of Kareelakulanghara Police Station, Alappuzha. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 1/8/2009, the petitioner was found in possession of 126 litres of arrack. The petitioner was arrested on 15/11/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 5. It is submitted by the learned counsel for the petitioner 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 B.A. No. 7095/2009 2 petitioner, the nature of the offence and also the undertaking, 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Harippad 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 scm