IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4262 of 2009 C.R.NO.54 OF 2009 OF KOTTARAKARA EXCISE RANGE CMP.6380/2009 of J.M.F.C.-I,KOTTARAKKARA PETITIONER/ACCUSED -------------------------------------- SHINTO, S/O.RAVEENDRAN, YAMUNAVILASAM VEEDU, MYLOM VILLAGE, KOTTARKARA. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRIBEPIN PAUL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE-INSPECTOR, KOTTARAKARA EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4262 OF 2009 ------------------------------------------------------ Dated this the 12th August, 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.54 of 2009 of Kottarakkara Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 18.7.2009, the petitioner was found engaged in the sale of arrack. A quantity of 1.8 litres of arrack was seized from the accused. The petitioner was arrested on 18.7.2009 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. B.A. NO. 4262 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kottarakkara, 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 ahz/