IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4948 of 2009() ----------------------------------- CRIME NO. 75/2008 OF KONNY EXCISE RANGE ....................... PETITIONER: -------------------- PRASAD @ OMANAKUTTAN,S/O.RAMAKRISHNAN, EDAYAL PARAMBIL HOUSE,THANNITHODU VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.C.S.MANILAL RESPONDENT/STATE: ------------------------------ THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4948 of 2009 ------------------------------------ Dated this the 28th 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. 75/2008 of Konny Excise Range. 2. The offence alleged against the petitioner is under Section 55 (g) of the Abkari Act. 3. The prosecution case is that on 22.09.2008, a quantity of 1956 litres of wash was seized from a place in the possession of the petitioner. The petitioner was arrested on 14.07.2009 and he is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is not involved in any other case of a similar nature. 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. 6. The petitioner shall be released on bail on his executing B.A. No. 4948 of 2009 2 bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Pathanamthitta 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 Thursdays, 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 ln