IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7158 of 2009() ----------------------------- CMP.4405/2007 of J.M.F.C.-II,HOSDRUG O.R. NO.72/2007 OF HOSDURG EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------------------- MUTTIKANNAN @ KANNAN S/O.LATE ELUMBAN, AGED 45/07, NALEKRA DESOM PERIYA VILLAGE, HOSDURG TALUK ,PULLUR PERIYA PANCHAYATH. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT: ------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7158 of 2009 ------------------------------------ Dated this the 9th 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 O.R.No.72/2007 of Hosdurg Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 6/11/2007, the petitioner was found transporting 10 litres of arrack. The petitioner could not be arrested as he ran away from the spot. After completing the investigation, charge was laid in the case. The case is now pending as C.P. No.100/2009 on the file of the court of Judicial Magistrate of the First Class-II, Hosdurg. In execution of the non-bailable warrant issued by the court, the petitioner was arrested on 23/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence of similar nature. B.A. No. 7158 /2009 2 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the nature of the offence, 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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