IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3132 of 2009 CRIME NO.49 OF 2009 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER: ACCUSED: ------------------------------ ASOKAN, S/O.NANU VETTUTHARAYILVEEDU,PERUMPALLY MURI, ARATTUPUZHA VILLAGE,KARTHIKAPPALLY TALUK. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP BY EXCISE INSPECTOR KARTHIKAPPALLY RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3132 OF 2009 B ------------------------------------------------------ Dated this the 12th 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 in Crime No.49 of 2009 of Karthikappally Excise Range. 2. The offence alleged against the petitioner is under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that on 28.5.2009, the accused was found in possession of and also transporting five litres of arrack. He was arrested on 28.5.2009 itself 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 bond for Rs.25,000/- with two solvent sureties for the like amount to the B.A. NO. 3132 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class – I, Haripad, 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/