IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5344 of 2009() ----------------------------- CMP.10927/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.155/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM. .................... PETITIONER/ACCUSED: -------------------------------------- SUNIL KUMAR, S/O.GOPALAN, PUTHEN PURAYIL KIZHAKKATHIL HOUSE, PAVUMBA NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5344 of 2009 ------------------------------------ Dated this the 23rd day of September, 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.155/2009 of Karunagappally Excise Range, Kollam. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 29/8/2009, a quantity of 105 litres of arrack was found in the possession of the petitioner. He was also in possession of the apparatus for distillation of arrack. The petitioner was arrested on 29/8/2009. He is in judicial custody. 4. It is submitted by the learned Public Prosecutor that though the petitioner was regularly engaged in the sale of arrack, no crime was registered against him, other than the present crime. 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 the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 5344 / 2009 2 petitioner, on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Karunagappally 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 scm