IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6157 of 2009() ----------------------------- Cr.NO.101/09 OF PAYYAVOOR POLICE STATION, KANNUR PETITIONER (S): ACCUSED: ---------------------------- THANKACHAN VADAKKEKARAYIL, S/O.THOMAS, AGED 40 YEARS, KANHIRAKKOLLI, PAYYAVOOR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT: --------------------------- STATION HOUSE OFFICER, PAYYAVOOR POLICE STATION, KANNUR DISTRICT (CR.NO.101/09 OF PAYYAVOOR POLICE STATION KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6157 of 2009 --------------------------------------------- Dated this the 23rd day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Cr.No.101 of 2009 of Payyavoor Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 31.8.2009, the petitioner was found in possession of 10 litres of illicit arrack. The petitioner was arrested on the same date and he was remanded to judicial custody. 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. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like BA No.6157/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, 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 csl BA No.6157/2009 3