IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5602 of 2009 C.R.NO.42 OF 2009 OF KATTAKADA EXCISE RANGE PETITIONER: ACCUSED: ---------------------------- VIVEKANANDAN, S/O.ACHTHAPANICKER ANITHA NIVAS, PAPPACODE MARANALLOOR DESOM, TRIVANDRUM. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5602 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 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 accused in C.R.No.42 of 2009 of Kattakada 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 12.9.2009, the petitioner was found in possession of five litres of arrack. The petitioner was arrested on the same date and he is in judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in six other cases of similar nature. It is submitted by the learned counsel for the petitioner that the petitioner undertakes that he will not indulge in any prejudicial activities or commit any offence of a similar nature, if bail is granted in the present case. This undertaking is recorded. B.A. NO. 5602 OF 2009 :: 2 :: 5. 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 given by the petitioner, I am of the view that bail can be granted to the petitioner. 6. 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, Kattakkada, 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; 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 ahz/