IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5233 of 2009() ---------------------------------------- CMP.7422/2009 of J.M.F.C.-I, CHENGANNUR CRIME NO.56/2009 OF MAVELIKARA EXCISE RANGE, ALAPPUZHA .................... PETITIONER/ACCUSED: --------------------------------------- MOHANAN, AGED 42 YEARS, S/O.THEVAN, KAYYALAKKAKATHU VEEDU, CHENNITHALA SOUTH MURI, THRIPPERUNTHURA VILLAGE, MAVELIKARA. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5233 of 2009 ------------------------------------ Dated this the 16th day of September, 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. 56/2009 of Mavelikara Excise Range, Alappuzha. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 23/8/2009, the petitioner was found in possession of two litres of arrack. He was arrested on the spot. The petitioner is in judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in another case of similar nature. The learned counsel appearing for the petitioner submitted that if bail is granted to the petitioner, he undertakes not to commit any offence while on bail. 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 B.A. No. 5233 /2009 2 petitioner. 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, 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 scm