IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3824 of 2009()
1. SUDHEESAN,AGED 46 YEARS,S/O. SUKUMARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY SUB'
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3824 of 2009
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Dated this the 24th day of July, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.1 in
Crime No.364 of 2009 of Neyyattinkara Police Station.
2. The offences alleged against the petitioner are under
Sections 8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 1.6.2009, the
petitioner along with other accused were found engaged in
distilling arrack. A quantity of 300 litres of wash was seized.
The petitioner was arrested on 15.6.2009 and he is in 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
BA No.3824/2009 2
bond for Rs.50,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-I, Neyyattinkara, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Wednesdays, 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