IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6767 of 2009() ----------------------------------------- CMP.7933/2009 of MUN-MAGI COURT, SASTHAMCOTTA C.R. NO.156/2009 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM. .................... PETITIONER/1ST ACCUSED: ------------------------------------------ KRISHNANKUTTY S/O. KUTTAN, AKHIL BHAVANAM, KOTHAPURAM, WEST KALLADA VILLAGE KUNNATHOOR TALUK. BY ADV. SRI. K.SIJU RESPONDENT/ STATE: ---------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6767 of 2009 ------------------------------------ Dated this the 19th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R. No.156/2009 of Sasthamcotta Excise Range, Kollam District. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 16.10.2009, a quantity of 170 litres of wash and 20 litres of arrack were found in the possession of the petitioner. The petitioner could not be arrested as he ran away from the scene of occurrence. The petitioner surrendered before court on 21.10.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in four other cases of similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6767 of 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 on stringent conditions. 6. 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, Sasthamcotta 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 and Thursdays, 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