IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 935 of 2010() --------------------------------------- CMP.951/2010 of J.M.F.C.-I, CHENGANNUR CRIME NO.6/2010 OF MAVELIKKARA EXCISE RANGE, ALAPPUZHA DIST. .................... PETITIONER/ACCUSED ----------------------- VIJAYAN, AGED 45 YEARS, S/O.MADHAVAN, PUNNAMOOTTIL VEEDU, ORIPRUM MURI, CHENNITHALA VILLAGE, MAVELIKARA TALUK, ALAPUZHA DISTRICT. BY ADV. MR.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 935 of 2010 ------------------------------------ Dated this the 18th day of February, 2010 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.6/2010 of Mavelikkara Excise Range, Alappuzha District. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 03.02.2010, the petitioner was found in possession of two litres of arrack. He was arrested on 03.02.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three cases of similar nature of which two cases were registered in 2003 and one case was registered in 2005. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 935 of 2010 2 petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner. 7. 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, Chengannur 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 ln