IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6100 of 2009() ---------------------------------------- CMP.8827/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.56/2007 OF NEYYATTINKARA EXCISE RANGE, THIRUVANANTHAPURAM. .................... PETITIONER/2ND ACCUSED: ------------------------------------------ SURESH, S/O. MADHAVAN, SARASAMMA VILASAM VEEDU, KOTTUKAL DESOM, NEYYATTINKARA. BY ADV. SRI.S.D.ASOKAN RESPONDENTS/COMPLAINANTS: -------------------------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, NEYYATTINKARA, THIRUVANANTHAPURAM DIST. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6100 of 2009 ------------------------------------ Dated this the 29th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.56/2007 of Neyyattinkara 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 12/11/2007, the first accused was found in possession of 33 litres of spirit. The investigation revealed that the spirit was transported to the house of the first accused by the second accused. The house belongs to the second accused, in which the first accused is residing. The petitioner was arrested on 29/9/2009 and he is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if bail is granted in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the B.A. No. 6100/ 2009 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. 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-III, Neyyattinkara 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