IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7092 of 2009() ----------------------------- OR NO.144/2007 OF ADOOR EXCISE RANGE .................... PETITIONER (S): 2ND ACCUSED -------------------------------------------- SURESH, AGED 39 YEARS S/O.MADHAVAN, NELLICKKAL MUDIYOORKONAM MURI PANDALAM VILLAGE, ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7092 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 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 second accused in O.R. No.144 of 2007 of Excise Range, Adoor. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 12.12.2007, the accused persons were found in possession of 1400 litres of Wash. The petitioner was arrested on 24.10.2009 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in O.R.No.75 of 2007 of the same Excise Range. 5. Learned counsel for the petitioner submitted that the B.A. NO. 7092 OF 2009 :: 2 :: petitioner undertakes not to commit any offence of similar nature, while on bail. 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 the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. 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, Adoor, 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; B.A. NO. 7092 OF 2009 :: 3 :: 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/