IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1006 of 2010() --------------------------------------------------- CMP.917/2010 of J.M.F.C.-I,KOTTARAKKARA Cr. NO.108/2009 OF EZHUKONE EXCISE RANGE, KOTTARAKARA .................... PETITIONER /ACCUSED: ------------------------------------- SURESH,S/O.SUNDARAN,CHARUVILA PADINJATTATHIL VEEDU,KAITHOKODU MURI, PAVITHRESWARAM VILLAGE,KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR,EZHUKONE EXCISE RANGE, KOTTARAKARA. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1006 of 2010 ------------------------------------ Dated this the 2nd 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 Cr. No. 108/2009 of Ezhukone Excise Range. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 9/11/2009, the petitioner was found in possession of 10 litres of arrack. The petitioner was arrested on 8/1/2010 in connection with another abkari offence and his formal arrest was recorded in the present case on 27/1/2010. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime Nos.88/2008, 83/2009 and 113/2009, in which similar offences are alleged. It is also submitted by the learned Public Prosecutor that on 9/11/2009, when the petitioner was attempted to be arrested by the excise officials, the petitioner pointed an Air gun against them and thus escaped from the scene of occurrence. B.A. No. 1006/2010 2 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking 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 and also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, kottarakara 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. B.A. No. 1006/2010 3 C) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class-I, Kottarakara within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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