IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7318 of 2009() ----------------------------- CMP.4405/2009 of J.M.F.C.,KATTAKADA CRIME NO.17/2006 OF KATTAKADA EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------------------- AZEEZ @ ATTUKANNAN, S/O.MUHAMMED MEERANPILLAI, ERAYANKODE PERAVILAKOM, MARANALLOR VILLAGE NEYYATTINKARA. BY ADV. SRI.M.R.SARIN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7318 of 2009 ------------------------------------ Dated this the 11th 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.17/2006 of Kattakada 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 10/2/2006, the petitioner was found in possession of 2 ½ litres of arrack. The petitioner was arrested on 22/11/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. Final report was filed in the present case on 1/12/2009. 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 B.A. No.7318 /2009 2 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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