IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5347 of 2009() ----------------------------- CRIME NO.157/2009 KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED : ----------------------------------- MOHANAN,S/O.DIVAKARAN, KOOTTUMTHARA KIZHAKKATHIL HOUSE, ADINAD VILLAGE,KARUNAGAPPALLY. BY ADV. SRI.S.GIRISH RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP.BY THE EXCISE INSPECTOR, EXCISE RANGE,KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5347 of 2009 --------------------------------------------- Dated this the 25th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.157 of 2009 of Karunagapally Excise Range. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 1.9.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 3.65 litres of Indian made foreign liquor was also seized. The petitioner was arrested on 4.9.2009. He was remanded to judicial custody. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of a similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to indulge in similar criminal activities, if he is granted bail in the present case. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5347/2009 2 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. 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, 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 csl