IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6583 of 2009() ------------------------------------ CRIME NO. 180/2009 OF KARUNAGAPPALLY EXCISE RANGE ........................... PETITIONER/2ND ACCUSED: ------------------------------------------- SIVAN @ BIJU, SON OF KESHAVAN, KOCHUKLAKKOTTU HOUSE, THAZHAVA SOUTH EAST MURI, THAAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. THE EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. P.A.SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6583 of 2009 ------------------------------------ Dated this the 12th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 180/2009 of Karunagappally Excise Range. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. On 12/10/2009, the first accused was found in possession of 25 litres of arrack and 1300 litres of wash and also the equipments and utensils for the distillation of arrack. The prosecution case is that the first accused has rendered all help for the distillation of arrack and that he used to purchase arrack from the first accused. 4. The learned Public Prosecutor submitted that the petitioner is also involved in Crime No.3/2005 of Karunagappally Excise Range. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the B.A. No.6583/ 2009 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner. 7. 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 Class, 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