IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6588 of 2009() ------------------------------------ C.R.NO. 58/2009 OF KOTTARAKKARA EXCISE RANGE .............................. PETITIONER/ACCUSED: ----------------------------------- SATHYAN, S/O.GANGADHARAN, ASWATHY BHAVAN, INCHAKKADU MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. SIVAKUMAR K.S. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009 ALONG WITH B.A. NO. 6592/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6588 & 6592 of 2009 ------------------------------------ Dated this the 10th day of November, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.Nos.53/2009 and 58/2009 of Kottarakkara Excise Range. Bail Application No.6592/2009 relates to C.R.No. 53/2009, while Bail Application No.6588/2009 relates to C.R.No.58/2009. 2. The case of the prosecution in C.R. No.53/2009 is that on 14.07.2009, the petitioner was found in possession of 2 litres of arrack. He could not be arrested as he ran away. The petitioner was arrested on 29.08.2009 and he is in judicial custody since then. 3. The prosecution case in C.R.No.58/2009 is that on 30.07.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 4.35 litres of I.M.F.L. was seized. The petitioner could not be arrested as he ran away. The petitioner was arrested only on 29.08.2009 and he was remanded to judicial custody. B.A. No. 6588 & 6592 of 2009 2 4. The learned Public Prosecutor submitted that the petitioner is involved in 13 other abkari cases. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature if bail is granted in these cases. This undertaking is recorded. 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 fact that the petitioner is in judicial custody since 29.08.2009 and also taking into account the aforesaid undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara 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 and Fridays for a period of two months and thereafter on every Monday, till the B.A. No. 6588 & 6592 of 2009 3 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 Applications are allowed as above. K.T. SANKARAN, JUDGE ln