IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4596 of 2009() ------------------------------------- CRMP.2211/2009 of I ADDL. DISTRICT COURT, KOLLAM CRIME NO. 72/2009 OF EXCISE RANGE, EZHUKONE .................... PETITIONER/ACCUSED: --------------------------------- VISWANATHAN, S/O.KUNJUPILLAI, ANIL BHAVAN, KADAKODE MURI, KAREEPRA VILLAGE, KOTTARAKKARA. BY ADVS. SRI. SOORAJ T.ELENJICKAL SRI. DHEERAJ RAVI RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA THROUGH EXCISE INSPECTOR, EZHUKONE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. P. RAVEENDRA BABU PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4596 of 2009 ------------------------------------ Dated this the 17th day of August, 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. 72/2009 of Ezhukone Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that on 18.07.2009, the petitioner was found in possession of 13 litres of arrack. He was arrested on 18.07.2009. The petitioner is in judicial custody. 4. 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 petitioner. 5. 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-I, Kottarakara subject to the following conditions:- B.A. No. 4596 of 2009 2 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