IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2883 of 2009() ----------------------------- CMP.3114/2009 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.112/2008 OF EZHUKONE E .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- SATHEESH KUMAR, S/O. SADASIVAN, THENGUMPANAYIL VEEDU,KARUVALIL MURI, EZHUKONE VILLAGE, KOTTARAKKRA. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS/ COMPLAINANT/STATE ------------------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKARA. SRI. TEK CHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2883 of 2009 ------------------------------------ Dated this the 2nd day of June, 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 No.3 in Crime No. 112/2008 of Ezhukone Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1), 8(2), 55(a) and 67 B of the Abkari Act. 3. The prosecution case is that on 12/10/2008, accused Nos. 1 to 3 were found in possession and transportation of 80 litres of Arrack. The petitioner was arrested on 19/04/2009 in connection with another case in Crime No.43/2009 of Ezhukone Excise Range. The petitioner was produced before the court on 20/04/2009 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. 5. The petitioner shall be released on bail on his executing B.A. No. 2883/ 2009 2 bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara 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 scm