IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Bail Appl..No. 3350 of 2009() ------------------------------------- CRMP.2568/2009 of J.M.F.C.,KUNNAMKULAM CRIME NO.18/2009 OF CHAVAKKAD EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------------------- DEVADAS, S/O. CHATHAN, AGED 46, AYYOTTLE VEETTIL, PERIYAMBALAM DESOM, PUNNAYOORKULAM VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS/RESPONDENT/STATE: ------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, CHAVAKKAD EXCISE RANGE, CHAVAKKAD, THRISSUR DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3350 of 2009 ------------------------------------ Dated this the 23rd day of June, 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.18/2009 of Chavakkad Excise Range. 2. The offence alleged against the petitioner is under Section 58 of the Abkari Act. 3. The prosecution case is that on 9/06/2009, the petitioner was found in possession of 1.5 litres of illicit liquor. The petitioner was arrested on the spot and was produced before the court. 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, 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 3350/2009 2 Class, Kunnamkulam subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer for interrogation as and when required. 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