IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1464 of 2010() ---------------------------------------- C.R. NO.13/2010 OF WADAKKANCHERRY EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------------------- KUTTAPPAN,S/O.THANKAPPAN, POZHANKANDATH HOUSE,CHITTANDA VILLAGE, DESOM. BY ADV. SRI.P.K.SAJEEV RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA,REPRESENTED BY EXCISE INSPECTOR,WADAKKANCHERRY,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1464 of 2010 ---------------------------- Dated this the 15th 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 C.R. No. 13/2010 of Wadakkanchery Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1)(2) & 55(i) of the Abkari Act. 3. The prosecution case is that on 17/2/2010, the petitioner was found engaged in the sale of arrack. A quantity of 550ml of arrack was seized from the possession of the petitioner. The petitioner was arrested on 17/2/2010 and he was remanded to judicial custody. 4. Application filed by the petitioner before the learned Sessions Judge for bail was dismissed by the order dated 2/3/2010. It is stated that investigation has progressed much thereafter. 5. The learned Public Prosecutor submitted that the petitioner is involved in six other cases of similar nature, one case each registered in 2004, 2006, 2007 and 2009 and two B.A. No.1464/2010 2 cases registered in 2005. 6. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 7. It is submitted by the learned counsel for the petitioner that the petitioner is suffering from 'Alcoholic Cirrhosis'. The learned counsel for the petitioner showed to me for perusal a photocopy of the medical prescription and a photocopy of the medical test conducted on the petitioner. 8. 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, I am of the view that bail can be granted to the petitioner on stringent conditions. 9. 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, Wadakkanchery subject to the following conditions:- B.A. No.1464/2010 3 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