IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4348 of 2009 C.R.NO.94 OF 2009 OF SASTHAMCOTTA EXCISE RANGE CMP.5459/2009 of MUN-MAGI COURT, SASTHAMCOTTA PETITIONER/ACCUSED -------------------------------------- ABHILASH, S/O.KUMARAN, IDAYILA VEEDU, INCHAKKADU MURI, SOORANADU SOUTH VILLAGE, KUNNATHUR TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4348 OF 2009 ------------------------------------------------------ Dated this the 12th August, 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 C.R.No.94 of 2009 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 24.7.2009, the petitioner was found engaged in the sale of toddy mixed with spirit. A quantity of four litres of toddy and two litres of spirit were seized by the Excise Officials from the possession of the petitioner. The petitioner was arrested on 24.7.2009 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, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 4348 OF 2009 :: 2 :: 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/