IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2190 of 2009() ----------------------------- C.R.NO.25/2009 OF KOTTARAKKARA EXCISE RANGE. PETITIONER/ACCUSED ---------------------------------- SATHYAN, S/O.KOCHUKUNJU, SIKHA BHAVAN, INCHAKKADU MURI, MYLOM VILLAGE, KOTTARAKKARA TALUK,KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No. 2190 of 2009 --------------------------------------------- Dated this the 5th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. 2. Petitioner is the accused in CR.No.25/09 of Kottarakkara Excise Range, alleging offences punishable under sections 8(1) and (2) and 55(g) and (b) of the Abkari Act. The allegation is that the Excise Inspector, Kottarakkara Excise Range and party recovered 8 litres of arrack and 135 litres of wash from the old house of the petitioner. In connection with the same, he was arrested on 21.3.2009 and since then he has been in judicial custody. 3. I have heard the learned Public Prosecutor. 4. Considering the quantity of the arrack involved and the fact that investigation is almost completed, I think the petitioner can be enlarged on bail. 5. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to BA.2190/09 2 the satisfaction of the J.F.C.M.-I, Kottarakkara. (ii) The petitioner shall report before the Investigating Officer on all Saturdays, till the final report is filed. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE dsn