IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 714 of 2010 C.R.NO.2 OF 2010 OF PATHANAMTHITTA EXCISE RANGE PETITIONER/ACCUSED: --------------------------------------- PRASANNAN, AGED 50 YEARS, S/O.RAJENDRAN, CHENAMCHIRA HOUSE, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT): COMPLAINANT/STATE: --------------------------------- 1. THE EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 714 OF 2010 ------------------------------------------------------ Dated this the 22nd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in C.R.No.2 of 2010 of Pathanamthitta Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 4.1.2010, the accused persons were found in possession of nine litres of arrack. The first accused is the wife of the second accused. The petitioner was arrested on 7.1.2010 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in five other cases of similar nature. 5. It is submitted by the learned counsel for the petitioner that B.A. NO. 714 OF 2010 :: 2 :: the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. The above undertaking is recorded. 6. 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. 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 – I, Pathanamthitta, 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 and Thursdays for a period of two months and thereafter 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; B.A. NO. 714 OF 2010 :: 3 :: 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/