IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 177 of 2010 CRIME NO.12 OF 2009 OF EXCISE RANGE OFFICE KATTAPPANA PETITIONER/ACCUSED -------------------------------------- MADHU @ SHAJI, S/O. KARUNAKARAN, PALACKAL HOUSE, KULATHUMMEDU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.12/09 OF EXCISE, RANGE OFFICE, KATAKANA). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 177 OF 2010 ------------------------------------------------------ Dated this the 18th day of January, 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.12 of 2009 of Kattappana Excise Range, Idukki District. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 28.2.2009, the petitioner was found in possession of five litres of Indian Made Foreign Liquor, intended for sale. 4. The petitioner was arrested in connection with C.P.No.19 of 2008, on the file of the Court of the Judicial Magistrate of the First Class, Nedumkandom, in execution of a non-bailable warrant, on 3.1.2010. The petitioner's arrest was recorded in the present case on 3.1.2010 itself. B.A. NO. 177 OF 2010 :: 2 :: 5. The learned counsel for the petitioner submitted that the petitioner was released on bail in C.P.No.19 of 2008. The learned Public Prosecutor submitted that C.P.No.19 of 2008 also is in respect of an abkari offence. Learned counsel for the petitioner submits 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 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, Nedumkandom, 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.A. NO. 177 OF 2010 :: 3 :: 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 ahz/