IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1232 of 2010 CRIME NO.61 OF 2009 OF THIRUVANANTHAPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SUGATHAN, S/O.MRYUTHYUNJAYA PANIKER, ALUVILA VEEDU, KATTACHALKUZHY, VENGANOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUVANANTHAPURAM EXCISE RANGE. PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1232 OF 2010 ------------------------------------------------------ Dated this the 8th 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 Crime No.61 of 2009 of Thiruvananthapuram Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 29.8.2009, the petitioner was found in possession of ten litres of arrack. On seeing the Excise party, the petitioner ran away abandoning the arrack. The petitioner was arrested on 3.2.2010 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in three other cases of similar nature registered in the year 2006. B.A. NO. 1232 OF 2010 :: 2 :: 5. It is 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 submission 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 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 – III, 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; B.A. NO. 1232 OF 2010 :: 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/