IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4931 of 2009() ---------------------------------------- CRIME NO.129/2009 OF KARUNAGAPPALLY EXCISE RANGE. PETITIONER/ACCUSED: -------------------------------------- DEVARAJAN, S/O. PAPPU, DEVARAJ MANDIRAM, PULIYOORVANCHI EAST, THODIYOOR VILLAGE KARUNAGAPPALLY, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REP; BY THE EXCISE RANGE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DIST., THROUGH THE PUBLIC PROSECUTOR, HIGHCOURT OF KERALA, ERNAKULAM. SRI. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4931 of 2009 ------------------------------------ Dated this the 28th 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.129/2009 of Karunagappally Excise Range, Kollam. 2. The offences alleged against the petitioner are under Sections 8(1)&(2) and 55(a)&(i) of the Abkari Act. 3. The prosecution case is that on 1/8/2009, the petitioner was found in possession of 2.5 litres of coloured arrack. He was arrested on the same day. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in nine other cases involving similar offences. The learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence of similar nature, if bail is granted to him. It is also submitted that he will not indulge in any prejudicial activities , while on bail. 5. Taking into account the facts and circumstances of the case and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. B.A. No. 4931/ 2009 2 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,Karunagapally 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 and Thursdays, 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