IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 14 of 2010() ------------------------------------ CRIME NO.29/2009 OF THIRUVALLA EXCISE RANGE. ....... PETITIONER/ACCUSED -------------------- MANIAPPAN, S/O.VASU, VELIYATHARYIL VEEDU, NIRANAMTHEKKUM MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.P.P.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 14 of 2010 ------------------------------------ Dated this the 8th day of January, 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. 29/2009 of Thiruvalla 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 15.06.2009, the petitioner was found in possession of one litre of arrack. The petitioner was arrested on 25.11.2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in five other cases of similar nature. 5. 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. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 14 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, Thiruvalla 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 B.A. No. 14 of 2010 3 ln