IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1020 of 2010 CR.NO.5 OF 200 OF WADAKANCHERRY EXCISE RANGE, THRISSUR DISTRICT PETITIONER : ACCUSED --------------------------- KUNJUNNI @ BALAN, S/O. CHATHA, THADATHIL HOUSE, KOLLAMPARA COLONY DESOM, THEKKUMKARA VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, WADAKKANCHERRY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1020 OF 2010 ------------------------------------------------------ Dated this the 23rd 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 C.R.No.5 of 2010 of Wadakancherry Excise Range, Thrissur District. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) and 55(i) of the Abkari Act. 3. The prosecution case is that on 23.1.2010, the petitioner was found in possession of five litres of arrack. The petitioner was arrested on 23.1.2010 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 5. It is submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence of similar nature B.A. NO. 1020 OF 2010 :: 2 :: while on bail in the present case. The above 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, the present stage of investigation and also the undertaking made by the petitioner, 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Wadakancherry, 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; B.A. NO. 1020 OF 2010 :: 3 :: 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 ahz/