IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4285 of 2009 ----------------------------- CMP.5296/2009 of J.M.F.C., SASTHAMCOTTA IN CRIME NO. 16/09 OF SASTHAMCOTTA EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------- KRISHNANKUTTY, S/O.KUTTAN AKHIL BHAVANAM, KOTHAPURAM MURI, WEST KALLADA VILLAGE,KUNNATHOOR TALUK. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT/STATE: ----------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4285 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of 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 Crime No.16 of 2009 of the Sasthamcotta Excise Range, Kollam District. 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 04.02.2009 the petitioner was found to be in possession and engaged in transporting 5 litres of arrack. The petitioner surrendered before the learned Magistrate on 18.07.2009 and he was remanded to judicial custody. The learned Public Prosecutor submitted that petitioner is involved in three other cases. 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 on stringent conditions. B.A. No.4285 OF 2009 -:2:- 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- 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 ttb B.A. No.4285 OF 2009 -:3:-