IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7079 of 2009 CRIME NO.13 OF 2009 OF EXCISE RANGE, IRITTY, KANNUR DISTRICT. PETITIONER/ACCUSED -------------------------------------- RAGHAVAN,S/O.THOYAN AMBU, PULLASSERY HOUSE,AARALAM AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE EXCISE RANGE OFFICER, IRITTY EXCISE RANGE. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7079 OF 2009 ------------------------------------------------------ Dated this the 2nd day of December, 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.13 of 2009 of Excise Range, Iritty, Kannur District. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 8.5.2009, the petitioner was found in possession of twenty litres of Wash. The petitioner was arrested on the same day and he is in judicial custody since then. 4. It is submitted by the learned Public Prosecutor that charge was laid in the case. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 7079 OF 2009 :: 2 :: the nature of the offence and the fact that charge was laid in the case, 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.10,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/