IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 5984 of 2009() ----------------------------- CR NO.40/2009 OF NEDUMANGAD EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SHIBU @ CUTTIKURA, S/O. OMANA, ANAKHA NIVAS, AITHY, PARANDODE, KOTTAKKAKAM MURI ARYANAD VILLAGE, AT HOUSE NO.127, VISHNU NAGAR HOUSING BOARD COLONY KOTTAKKAKAM MURI, ARYANAD VILLAGE NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5984 of 2009 --------------------------------------------- Dated this the 19th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in CR No.40 of 2009 of Nedumangad Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 12.7.2009, the petitioner was found in possession of 192 litres of spirit. The petitioner was arrested on 15.9.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another abkari offence. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if he is granted bail. This undertaking is recorded. 6. 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 also taking note of the BA No.5984/2009 2 aforesaid undertaking, 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-I, Nedumangad, 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