IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3925 of 2009() ----------------------------- CRIME NO.30/2009 OF CHALAKUDY EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- RAPPAI, S/O.DEVASSY, INIKKAL HOUSE, KUTTICHIRA VILLAGE, RANDUKY. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3925 of 2009 --------------------------------------------- Dated this the 28th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.30 of 2009 of Chalakudy Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 13.6.2009, a quantity of 200 litres of wash was seized from the house of the petitioner and a quantity of 100 litres of arrack was seized from the ambassador car belonging to the petitioner which was parked in his residential compound. The petitioner was arrested on the same day and he was produced before the learned Magistrate on 14.6.2009. The petitioner was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner is not involved in any other case and that if he is released on bail, he would give no room for any complaint of involving himself in any prejudicial activity. BA No.3925/2009 Page numbers 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. 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 satisfaction of the Judicial Magistrate of the First Class, Chalakudy, 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 csl