IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 2956 of 2009() ----------------------------- C RIME NO.108/2008 OF EZHUKONE EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SATHEESH KUMAR, S/O.SADASIVAN, THENGUMPANAYIL VEEDU, KARUVALIL MURI, EZHUKONE VILLAGE, KOTTARAKKARA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2956 of 2009 -------------------------------- Dated this the 11th day of June, 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.108 of 2008 of Ezhukone Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 6.10.2008, the petitioner was found in possession of seven litres of arrack. He could not be arrested as he ran away. The petitioner was arrested in connection with another crime on 19.4.2009. He is in judicial custody. 4. It is submitted by the learned counsel for the petitioner that in the other crime (Crime No.43 of 2009), bail was granted to the petitioner by this Court. 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. BA No.2956/2009 2 6. 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-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, 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