IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4349 of 2009() ------------------------------------ CRIME NO. 68/2009 OF CHENGANNUR EXCISE RANGE, ALAPPUZHA DISTRICT ................................... PETITIONER: ------------------------ PURUSHOTHAMAN, S/O. KRISHNAN, VANAPURATHU VEEDU, ERAMALLIKKARA MURI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI. AJITH MURALI RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. GIKKU GEORGE PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4349 of 2009 ------------------------------------ Dated this the 6th day of August, 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 Crime No.68/2009 of Chengannur Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 25/07/2009, the petitioner was found in possession of 2 litres of arrack. He was arrested on the same date. The petitioner 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.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur subject to the following conditions:- B.A. No.4349/ 2009 Page numbers 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 scm