IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6452 of 2009() ---------------------------------------- CR. NO.11 OF 2009 OF EXCISE RANGE, ANCHAL. .................. PETITIONER/ACCUSED --------------------------------- ALIAS @ PONNACHAN, S/O.GABRIAL, CHARUVILA VEEDU, VADAKKANEYAM, AYIRANALLOORE, KOLLAM DISTRICT. BY ADV. MR.R.ARUN RAJ RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY IT EXCISE INSPECTOR, ANCHAL EXCISE RANGE, (C.R.NO.152/2009), ANCHAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/11/2009, ALONG WITH B.A. NO. 6455 OF 2009, B.A.6466 OF 2009 AND B.A.6470 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. Nos.6452, 6455, 6466 & 6470 of 2009 --------------------------------------------------- Dated this the 6th day of November, 2009 O R D E R These Bail Application are filed under Section 439 of the Code of Criminal Procedure in respect of the following cases by Alias @ Ponnachan, who is the accused in all the cases. B.A.No. C.R. No. Offence Date of occurrence Date of arrest 6455/2009 15/2008 of Anchal Excise Range 55(g) of Abkari Act 13/3/2008 10/09/2009 6466/2009 50/2008 of Anchal Excise Range 8(1)(2) of Abkari Act 07/09/2008 05/09/2009 6452/2009 11/2009 of Anchal Excise Range 8(1)(2) of Abkari Act 14/2/2009 05/09/2009 6470/2009 37/2009 of Anchal Excise Range 8(1)(2) of Abkari Act 01/05/2009 05/09/2009 2. In the aforesaid cases, charge sheets were filed after completing the investigation. The petitioner was arrested in connection with another case and his formal arrest was recorded in the aforesaid four cases on the dates mentioned above. 3. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if bail is granted in these cases. This undertaking is recorded. B.A. Nos.6452, 6455, 6466 & 6470 of 2009 2 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur subject to the following conditions:- A) The petitioner shall report before the Excise Inspector, Anchal Excise Range between 9 A.M. and 11 A.M. on all alternate Mondays until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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