IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5729 of 2009() CRIME NO.79 OF 2009 OF CHENGANNUR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- MOHANAN, AGED 46 YEARS,S/O.KUTTY,VALUPARAMBIL VEEDU, PERINGALA MURI,MULAKKUZHA VILLAGE, CHENGANNUR TALUK,ALAPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5729 OF 2009 ------------------------------------------------------ Dated this the 9th 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 the accused in Crime No.79 of 2009 of Chengannur Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 15.8.2009, the petitioner was found in possession of eight litres of coloured arrack. The petitioner surrendered before Court on 25.9.2009 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in one another case of similar nature. 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. B.A. NO. 5729 OF 2009 :: 2 :: 5. 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 also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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; 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/