IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1673 of 2010() ---------------------------------- CMP.1136/2010 of J.M.F.C.,NEDUMKANDOM C.R.NO. 20/2010 0F KATTAPPANA EXCISE RANGE, IDUKKI DISTRICT .................... PETITIONER/ACCUSED NO.2: --------------------------------- SUDHAKARAN, S/O.SUKUMARAN, ADIPLAKKAL VEETTIL, PAMPADUMPARA KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KATTAPPANA IDUKKI DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1673 & 1681 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 O R D E R These Bail Applications are filed by Sudhakaran, the second accused in C.R. No. 20/2010 of Kattappana Excise Range, Idukki District and accused No.1 in C.R. No. 6/2009 of the same Excise Range, under Section 439 of the Code of Criminal Procedure. 2. Bail Application No. 1673/2010 relates to C. R. No. 20/2010 of Kattappana Excise Range. The offence alleged therein is under Section 55(a) and (i) of the Abkari Act. The prosecution case is that the petitioner was found in possession, intended for sale, a quantity of 2.250 litres of Indian Made Foreign Liquor and a quantity of 1.5 litres of coloured liquor. The petitioner surrendered before the Court on 08.03.2010. 3. Bail Application No. 1681/2010 relates to C. R. No. 6/2009 of Kattappana Excise Range. The offence alleged therein is under Section 8(1)(2) of the Abkari Act. The prosecution case is that on 10.02.2009, the petitioner was found in possession of 7 litres of arrack. The petitioner surrendered before the Court on 08.03.2010. B.A. No. 1673 & 1681 of 2010 2 4. The petitioner is in judicial custody since 08.03.2010. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in these cases. This undertaking is recorded. 6. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandam 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 for two months and thereafter on 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. B.A. No. 1673 & 1681 of 2010 3 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