IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2697 of 2009 CRIME NO.18/2009 OF EXCISE RANGE, AMARAVILA ` CMP.1687/2009 of J.M.F.C.-I,NEYYATTINKARA PETITIONER/ACCUSED -------------------------------------- MANOHARAN, S/O VISWANATHA PANICKER, LAKSHAM VEEDU COLONY, CHOONDAVILAKAM, VENNAKAL DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAMUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2697 OF 2009 ------------------------------------------------------ Dated this the 22nd May, 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 sole accused in Crime No.18 of 2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of five litres of arrack on 28.4.2009. He was arrested on the same date and was detained 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 for the like amount to the B.A. NO. 2697 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class – I, 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, 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/