IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4666 of 2009() ----------------------------- CMP.3196/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.27/2009 OF THIRUPURAM EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------------------- MANOHARAN, AGED 38, S/O.VISWANATHA PANICKER, CHOONDAVILAKAM LEKSHAMVEEDU COLONY, VENPAKAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4666 of 2009 ------------------------------------ Dated this the 20th 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.27/2009 of Thirupuram Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 06/07/2009, the petitioner was found in possession of 5 litres of arrack. The petitioner surrendered before the court on 14/07/2009 and he is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in 13 other cases. The learned counsel for the petitioner submitted that the petitioner is ready to comply with any conditions and a condition may be imposed that if he involves himself in any case of similar nature, the bail granted in the case would stand cancelled. B.A. No.4666/ 2009 Page numbers 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 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, Neyyattinkara subject to the following conditions:- A) The petitioner shall report before the Investigating Officer on every day between 9 A.M. and 11 A.M. till 1st September, 2009 and thereafter on all Mondays between 9 A.M. and 11 A.M, 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. B.A. No.4666/ 2009 Page numbers 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