IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3800 of 2009() ----------------------------- CRIME NO.46/09 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/3RD ACCUSED ------------------------------------------ RAJENDRAN, S/O. DIVAKARAN, MURINGAVEETTIL, PRAYAR THEKKUM MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3800 of 2009 ----------------------------- Dated this the 16th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.46 of 2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that the accused Nos.3 and 4 supplied arrack to the accused Nos.1 and 2 on 8.3.2009. Accused No.1 was arrested from the spot. The second accused being a lady was not arrested as no woman police constable was available. The petitioner escaped from the scene of occurrence. 4. It is stated that the fourth accused was granted anticipatory bail by this Court as per the order dated 18th June 2009 in B.A.1948 of 2009 and all the other accused were granted regular bail. The petitioner surrendered before court on 16.6.2009 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BA No.3800/2009 2 the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- 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 csl