IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5631 of 2009 CRIME NO.156 OF 2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- VINCENT,S/O.SIMON,AGED 50 YEARS, RANI BHAVANAM, ARINALLOOR DESOM, THEVALAKKARA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.J.R.PREM NAVAZ SRI.MANU TOM RESPONDENTS: --------------- 1. THE EXCISE INSPECTOR, KARUNAGAPPALLY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5631 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 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.156 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioner is under Sections 8(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 29.8.2009, the petitioner was found engaged in the sale of arrack from a canoe. On inspection, a quantity of 69.5 litres of arrack was seized. A quantity of 175 litres of wash was also seized from a place in the possession of the petitioner. The petitioner was arrested on 29.8.2009 and he is in judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 5631 OF 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. 5. 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, Sasthamcotta, 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 ahz/