IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5348 of 2009() ------------------------------------ C.R.NO. 53/2009 OF AMARAVILA EXCISE RANGE. ......................... PETITIONER/ACCUSED: ----------------------------------- HAREES, S/O. ISRAEL, THOPPIL VEEDU,THERANI, ANAVOOR DESOM, ANAVOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5348 of 2009 ------------------------------------ Dated this the 23rd day of September, 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 C.R. No. 53/2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 8 (1)(2) of the Abkari Act. 3. The prosecution case is that on 03.09.2009, the petitioner was found in possession of 2.5 litres of arrack. He was arrested on 03.09.2009 and he is in judicial custody. 4. The learned Public Prosecutor, on instructions, submitted that the petitioner is not involved in any other case of a similar nature. 5. 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. B.A. No. 5348 of 2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, 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 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