IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 6013 of 2009() ----------------------------- CR NO.11/2008 OF MALLAPPALLY EXCISE RANGE PETITIONER : ACCUSED ------------------------------ M.G.SUNIL KUMAR,S/O. GOPI, MUKKUZHICKAL VEEDU, PURAMATTOM VILLAGE, MALLAPPALLY THALUK BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.11/2008 OF MALLAPPALLY EXCISE RANGE) KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6013 of 2009 --------------------------------------------- Dated this the 20th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.11 of 2008 of Mallappally 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 13.3.2008, the petitioner was found in possession of 3.7 litres of spirit. The petitioner surrendered before court in another abkari case on 25.8.2009. His formal arrest was recorded in the present case on 24.9.2009. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 3.10.2009. 5. 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 fact that charge BA No.6013/2009 2 was laid in the case, 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: a) The petitioner shall report before the Excise Inspector, Mallappally Excise Range between 9 A.M. and 11 A.M. on alternate Wednesdays 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 csl