IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 335 of 2010() ---------------------------- CRIME NO.53/09 OF AGALI EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- VELLILNGIRI, S/O.CHINNABUDAN, AGED 55, CHORIYANNUR, KOTTATHARA, MANNARKKAD, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- STATE OF KERALA REP BY EXCISE INSPECTOR, AGALI EXCISE RANGE REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.335 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.53 of 2009 of Agali Excise Range, Palakkad District. 2. The offences alleged against the petitioner are under Sections 55(e) and 58 of the Abkari Act. 3. The prosecution case is that on 29.10.2009, the accused was found in possession of 5 litres of toddy unauthorisedly drawn and which was intended for sale. The petitioner was arrested on 15.12.2009 and he was remanded to judicial custody. 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. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like BA No.335/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Palakkad, 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