IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3967 of 2009() ----------------------------------- CRIME NO. 13/2009 OF VAIKOM EXCISE RANGE ACCUSED NO.1: ----------------------- DINESAN, S/O. PRASANNAN, MANKOOTTATHIL HOUSE, CHEMBU P.O., BRAHMAMANGALAM. BY ADV. SRI. K. ANTONY JOSEPH RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, THROUGH THE EXCISE INSPECTOR, VAIKOM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3967 of 2009 ---------------------------- Dated this the 22nd day of July, 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 first accused in Crime No.13/2009 of Vaikom Excise Range. 2. The offences alleged against the petitioner are under Sections 55 (b) and (g) and Section 58 of the Abkari Act. 3. The prosecution case is that on 30.05.2009, the petitioner and two others were found in possession of 2 litres of arrack and they were also found brewing arrack in the residential house of the second accused. The petitioner was arrested on 04.07.2009 and he is 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 each for the like B.A.No. 3967 of 2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Vaikom 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 ln