IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 585 of 2010(E) ---------------------------------------- (CRIME NO.17/2010 OF ADHUR POLICE STATION, KASARGOD) ............ PETITIONER/ACCUSED: ---------------------------------- SHIVADASAN. K, S/O.KUNHIRAMAN (LATE), AGED 38 YEARS, PERIYADUKA HOUSE, KARADUKA GRAMAM, KASARAGOD DISTRICT. BY ADV. SMT.S.JIJI. RESPONDENT: ---------------------- THE STATION HOUSE OFFICER, ADHUR POLICE STATION, KASARGOD,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No.585 of 2010 ------------------------------------ Dated this the 8th day of February, 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.17/2010 of Adhur Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 18.01.2010, the petitioner was found in possession of 3.5 litres of arrack. He was arrested on 18.01.2010. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in C.R. No.38/2008 of Badiadka Excise Range. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence 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.585 of 2010 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-I, Kasaragod 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