IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4711 of 2009() ----------------------------------------- (C.R.NO.7/09 OF NOORNADU EXCISE RANGE,ALAPPUZHA DISTRICT) PETITIONER/ACCUSED: -------------------------------------- SANTHOSH KUMAR, S/O.RAMACHANDRAN, VALUTHARA THEKKATHIL, NOW RESIDING AT NEDUVELI THEKKATHIL, AARONOOTTIMANGALAM, VETTIYAR, MAVELIKKARA. BY ADV. SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY EXCISE INSPECTOR, NOORANADU RANGE. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 4711 of 2009 ------------------------------------ Dated this the 26th day of 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 CR No.7/2009 of Noornadu Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 20/01/2009, the petitioner was found transporting 10 litres of spirit. He was arrested on 11/08/2009. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases also. The learned counsel for the petitioner submitted that if bail is granted, the petitioner will not commit any offence of a similar nature while on bail and that he will abide by the conditions that may be imposed by the court. 5. 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 on stringent conditions. B.A. No. 4711/2009 2 6. 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-I, Mavelikkara 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, 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