IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7631 of 2009 CRIME NO.132 OF 2008 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- CHANDRAN PILLAI,S/O.KUNCHUPILLA, CHANDRALAYAM HOUSE, PAVUMBA NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7631 OF 2009 ------------------------------------------------------ Dated this the 22nd 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 accused in Crime No.132 of 2008 of Karunagappally 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 14.8.2008, the petitioner was found in possession of five litres of arrack. The petitioner was arrested on 4.12.2009 and he is in judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in three other cases of similar nature. 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. The above undertaking is recorded. B.A. NO. 7631 OF 2009 :: 2 :: 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 and the present stage of investigation, 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, Karunagappally, 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 ahz/