IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1014 of 2010() ----------------------------- Cr.NO.113/09 OF EZHUKONE EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SURESH, S/O. SUNDARAN, CHARUVILA PADINJATTATHIL VEEDU, KAITHAKODU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1014 of 2010 --------------------------------------------- Dated this the 4th day of March, 2010 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 Cr.No.113 of 2009 of Ezhukone Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 9.12.2009, the petitioner was found in possession of 140 litres of wash and 5 litres of arrack. The petitioner was arrested in connection with another abkari case on 8.1.2010 and his formal arrest was recorded in the present case on 27.1.2010. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other cases, one of which was registered in 2008 and two of which were registered in 2009. 5. The learned counsel for the petitioner submitted that in Cr.No.108 of 2009, bail was granted to the petitioner as per the order dated 2nd March, 2010 in Bail Application No.1006 of BA No.1014/2010 2 2010. It is also submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence of similar nature while on bail 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 petitioner, the nature of the offence, the present stage of investigation and also taking note of 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara, 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; BA No.1014/2010 3 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