IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 6015 of 2009() ----------------------------- CRIME NO.67/2009 OF EXCISE RANGE, UDUMBANCHOLA PETITIONER : ACCUSED ------------------------------ MANIKANDAN, S/O. MAYAN, BHOJAN COMPANY, PARATHODU VILLAG, UDUMBANCHOLA TALUK, IDUKKI DIST. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.67 OF 2009 OF EXCISE RANGE, UDUMBANCHOLA IDUKKI DIST.) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6015 of 2009 --------------------------------------------- Dated this the 20th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.67 of 2009 of Excise Range, Udumbanchola. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 25.9.2009, the petitioner was found in possession of 900 litres of wash. He was arrested on 25.9.2009 itself. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of a similar nature. 5. 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 in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6015/2009 2 petitioner, the nature of the offence and also taking note of the the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. 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, Nedumkandam, 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 csl